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===Revisit of previous rape case===
===Revisit of previous rape case===
{{Main|2007 De Anza rape investigation}}
Details of a prior civil case heard by Judge Persky involving similar circumstances, were revisited after the sentencing.
In 2011, Persky presided over a civil lawsuit against multiple members of the De Anza college baseball team, who were accused by the underage plaintiff of gang-raping her while she was unconscious until passersby intervened. During the trial, Persky decided that the jury should be allowed to view seven photos of the plaintiff taken at a party she attended approximately a year after the alleged gang rape, as per the defense's claim that this evidence contradicted the plaintiff's claims. An [[20/20 (U.S. TV series)|ABC News 20/20]] episode aired on June 5, 2009, on the case.<ref name = "20/20">{{cite web|url=http://abcnews.go.com/2020/story?id=7757324|title=Alleged Gang Rape Ends With No Criminal Charges but Civil Suit Pending|work=ABC News 20/20|first=Deborah|last=Roberts|authorlink=Deborah Roberts|accessdate=November 7, 2009}}</ref> The jury found the defendants not liable.<ref>{{cite news|title=No defendants found liable in De Anza rape trial, no damages awarded|url=http://www.mercurynews.com/top-stories/ci_17793153|accessdate=April 26, 2011|newspaper=Silicon Valley Mercury News|date=April 7, 2011}}</ref>


⚫
Following Brock Turner's sentencing in 2016, the plaintiff's attorney in the De Anza case criticized Pensky for allowing the photos into evidence and preventing other victims from testifying.<ref>{{cite news|title=De Anza civil case blog Feb. 25: Woman pressing rape allegations against former baseball players|url=http://www.mercurynews.com/ci_17482693|accessdate=June 6, 2016|newspaper=The Mercury News|date=June 6, 2016}}</ref><ref>{{cite web|url=http://www.theguardian.com/us-news/2016/jun/09/stanford-sexual-assault-judge-aaron-persky-de-anza-college|title=Stanford judge allowed revealing photos of alleged gang-rape victim in prior case|publisher=The Guardian|date=June 9, 2016|accessdate=June 10, 2016}}</ref> Attorneys for "Jane Doe" said the photographs were not the only evidence that Persky unfairly permitted. Four of the baseball players had invoked [[Fifth Amendment to the United States Constitution|Fifth Amendment]] rights not to self-incriminate during the discovery phase of the litigation. According to a lawyer for Doe, that was a critical juncture: it prevented the victim's team from obtaining evidence that could have helped them pursue their case. The original judge in the case ruled in 2010 that the defendants could refuse to testify, but that would also mean that they would be prohibited from subsequently testifying in the case. That ruling was, however, overturned by Persky after he took over the trial in 2011, a move that Doe's attorneys say undermined her case.<ref name=WaltersWongLevin/>
On March 4, 2007, three members of the De Anza College woman's soccer team alleged that, while attending a party off-campus at the home of a member of the college baseball team, they heard a commotion and knelt to look through an un-screened French door pane. They witnessed an intoxicated 17-year-old girl being sexually assaulted by two or more people. They further stated that a number of other people were in the same room, observing the incident and cheering. They were told go away and the door was blocked. The women stated that they broke into the room, removed the girl, and took her to the hospital. It was found she was covered with someone else's vomit.<ref>{{cite web|url=http://abcnews.go.com/2020/story?id=7748009&page=1|title=Witnesses: We Broke Up Gang Rape of Girl, 17|work=[[ABC News]]|first=Deborah|last=Roberts|first2=Lynn|last2=Redmond|first3=Lisa|last3=Tomaselli|authorlink=Deborah Roberts|date=June 4, 2009|accessdate=June 11, 2016}}</ref> The members of the soccer team reported the incident, and the Santa Clara Sheriff's Department investigated. No arrests were made, even after a second woman came forward to say that she too had been sexually assaulted by De Anza college baseball players.<ref name=WaltersWongLevin>{{cite web|url=http://www.theguardian.com/us-news/2016/jun/09/stanford-sexual-assault-judge-aaron-persky-de-anza-college|title=Stanford judge allowed revealing photos of alleged gang-rape victim in prior case|work=[[The Guardian]]|first=Joanna|last=Walters|first2=Julia Carrie|last2=Wong|first3=Sam|last3=Levin|date=June 9, 2016|accessdate=June 11, 2016}}</ref> The results of the investigation were turned over to the Office of the Santa Clara County District Attorney.<ref>{{cite web|title=Investigators Plan to Present Evidence|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/03/23/BAGO5OQLNM5.DTL|work=San Francisco Gate|date=March 23, 2007|accessdate=June 11, 2016}}</ref> The district attorney's office conducted additional investigations, and presented its evidence to a grand jury. On June 4, 2007, District Attorney Dolores Carr announced that she would not charge anyone involved in the alleged incident with a crime.<ref name="sfgate.com">{{cite news| url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/05/22/BAG0NPV45J1.DTL | title=SANTA CLARA COUNTY / D.A. won't file in case involving De Anza athletes / Sex assault decision stuns investigators in Sheriff's Department | first=John | last=Coté | date=June 6, 2007 | work=The San Francisco Chronicle | accessdate=June 11, 2016}}</ref>

The decision not to prosecute was questioned widely. There was negative reaction in the form of public protests,<ref>{{cite web|title=De Anza sex case decision protested|url=http://www.mercurynews.com/search/ci_5984116|work=Silicon Valley Mercury News|date=May 25, 2007|accessdate=June 11, 2016|first=Leslie|last=Griffy}}</ref><ref>{{cite web|title=Protesters Demand Justice In Alleged De Anza Rape |url=http://www.foxreno.com/news/13424029/detail.html |work=KRXI |accessdate=June 11, 2016 |deadurl=yes |archiveurl=http://web.archive.org/web/20110927185003/http://www.foxreno.com/news/13424029/detail.html |archivedate=September 27, 2011 }}</ref> and adverse comments by Santa Clara Sheriff [[Laurie Smith]],<ref name="sfgate.com"/> by a number of newspaper columnists,<ref>{{cite web|title=Alleged rape victim wants day in court -- D.A. should give it|url=http://www.sfgate.com/bayarea/nevius/article/Alleged-rape-victim-wants-day-in-court-D-A-2573508.php|work=San Francisco Gate|date=June 2, 2007|accessdate=June 11, 2016|first=C.W.|last=Nevius}}</ref><ref>{{cite web|work=Silicon Valley|title=Herhold: Questions persist in De Anza case, and we deserve answers|url=http://www.siliconvalley.com/scottherhold/ci_5956640|date=May 22, 2007|accessdate=June 11, 2016|first=Scott|last=Herhold}}</ref> and editorial page writers.<ref>{{cite web|title=De Anza rape -- where's justice?|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/06/05/EDGGTP3FH91.DTL|work=San Francisco Gate|date=June 5, 2007|accessdate=June 11, 2016}}</ref> D.A. Carr submitted the case to [[Jerry Brown]], then the [[California Attorney General]], to conduct an independent assessment of the evidence.<ref>{{cite web|first=C.W.|last=Nevius|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/06/06/MNGA5Q9QJD1.DTL|title=State's Involvement Could Give Fresh Start to De Anza case|work=[[San Francisco Chronicle]]|date=June 6, 2007|accessdate=June 11, 2016}}</ref><ref>{{cite web|title=AG to Review De Anza Case|url=http://www.mercurynews.com/ci_6071984?source=rss|work=San Jose Mercury News|date=June 6, 2007|accessdate=June 11, 2016|first=Sean|last=Webby}}</ref><ref>{{cite web|first=Leslie|last=Griffy|title=De Anza rape case in Limbo, Year Later|work=[[The Oakland Tribune]]|date=March 3, 2008|accessdate=June 11, 2016}}</ref> Brown accepted, and his office commenced an investigation, later releasing its results.<ref>{{cite news| url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/06/07/BAGE1QANJD1.DTL | title=SANTA CLARA COUNTY / Experts assess Brown's move in De Anza case | date=June 7, 2007 | work=The San Francisco Chronicle |accessdate=June 11, 2016}}</ref><ref name="http">{{cite news|work=San Francisco Chronicle|url=http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/05/03/BAGH10FT9T.DTL&hw=de+anza+rape&sn=001&sc=1000|title=State: Evidence lacking in De Anza rape case|accessdate=June 11, 2016 | first=John | last=Coté | date=May 3, 2008}}</ref> It determined there was evidence that a crime had occurred, but there was also insufficient evidence to identify those responsible. The investigation noted the physical descriptions of the attackers varied so widely that they could not be accurately identified. The victim was characterized as having no memory of the incident after her arrival at the party. The report concluded that these factors made proof beyond a [[reasonable doubt]], as required for a criminal trial, impossible. The report further indicated that widespread intoxication among the party's attendees hampered the accuracy and reliability of their memories of the event. As a result, Carr's office announced that no charges would be filed, and the criminal case was closed.<ref name="http"/> On June 5, 2009, [[ABC News]] ''[[20/20 (U.S. TV series)|20/20]]'' aired an episode on the case. During the episode, April Groelle, [[Lauren Chief Elk]], and Lauren Bryeans alleged that they witnessed the rape. Meanwhile, Sheriff Smith called the case "frustrating," saying it was possible the baseball players were sticking to a code of silence.<ref name = "20/20">{{cite web|url=http://abcnews.go.com/2020/story?id=7757324|title=Alleged Gang Rape Ends With No Criminal Charges but Civil Suit Pending|work=ABC News 20/20|first=Deborah|last=Roberts|authorlink=Deborah Roberts|accessdate=November 7, 2009}}</ref>

The victim then proceeded to take the case to civil court in 2011, seeking monetary compensation from her attackers. Defendants Knopf and Chadwick claimed that the sex was consensual. Six other men were also listed in the lawsuit when the trial began in late February, but subsequently settled with the plaintiff or had the lawsuit against them dismissed. On April 7, 2011, the jury in the civil case found Knopf and Chadwick to be not liable for the charges against them so no damages were awarded.<ref>{{cite news|title=No defendants found liable in De Anza rape trial, no damages awarded|url=http://www.mercurynews.com/top-stories/ci_17793153|accessdate=June 11, 2016|newspaper=Silicon Valley Mercury News|date=April 7, 2011}}</ref>

⚫
Persky was criticized for allowing suggestive photos of the unidentified victim, taken at a party a year after the gang rape, into evidence, and preventing other victims from testifying.<ref>{{cite news|title=De Anza civil case blog Feb. 25: Woman pressing rape allegations against former baseball players|url=http://www.mercurynews.com/ci_17482693|accessdate=June 6, 2016|newspaper=The Mercury News|date=June 6, 2016}}</ref> Attorneys for "Jane Doe" said the photographs were not the only evidence that Persky unfairly permitted. Four of the baseball players had invoked [[Fifth Amendment to the United States Constitution|Fifth Amendment]] rights not to self-incriminate during the discovery phase of the litigation. According to a lawyer for Doe, that was a critical juncture: it prevented the victim's team from obtaining evidence that could have helped them pursue their case. The original judge in the case ruled in 2010 that the defendants could refuse to testify, but that would also mean that they would be prohibited from subsequently testifying in the case. That ruling was, however, overturned by Persky after he took over the trial in 2011, a move that Doe's attorneys say undermined her case.<ref name=WaltersWongLevin/>


==Drugs and alcohol==
==Drugs and alcohol==

Revision as of 20:20, 14 June 2016

Brock Turner
File:Brock Turner.jpeg
Turner on the night of his arrest[1]
Born
Brock Allen Turner

(1995-08-01) August 1, 1995 (age 29)[2]
Oakwood, Ohio, U.S.
Occupation(s)Former college student, swimmer
Conviction(s)
  • Assault with intent to rape an intoxicated woman
  • Sexually penetrating an intoxicated person with a foreign object
  • Sexually penetrating an unconscious person with a foreign object
Criminal penalty
  • 6 months imprisonment in county jail
  • 3 years probation
  • Registration as a sex offender
  • Attending a sex offender rehabilitation program

Brock Allen Turner (born August 1, 1995) is an American man convicted of sexual assault. He was a student and athlete at Stanford University who attracted international attention starting in early 2015 when he was arrested on five charges of rape.[3] In March 2016, the rape charges were dropped and he was instead convicted of three charges of sexual assault. According to Vice News, the case "became the latest, controversial episode in an ongoing debate sweeping the US about rape culture, privilege in the criminal justice system, and campus safety."[4]

On January 18, 2015, Turner sexually penetrated an unconscious, drunken 22-year-old woman with his fingers.[5] According to police, prosecutors, and a jury, she lacked the capacity to give legal consent. Turner was discovered by two Stanford students from Sweden, who intervened to stop him. They testified that they did so because the woman appeared to be unconscious. He fled, but they chased, caught, and restrained Turner until police arrived and arrested him on charges of rape.[6][7][8] The victim remained unresponsive for several more hours until she regained consciousness in the hospital.[9] The rape charges were later dropped by the prosecutors after reviewing results of DNA testing, and modified to what they believed would be provable.[7][10][11]

In March 2016, Turner was convicted of three charges of felony sexual assault.[12][13] The convictions carried a potential sentence of 14 years in prison. Prosecutors recommended six years in prison while probation officials recommended a "moderate" county jail sentence.[14] In June 2016, Santa Clara County Superior Court Judge Aaron Persky sentenced him to six months of jail and three years of probation. Turner's six-month sentencing and the victim's impact statement requesting a longer sentence made national and international news. The case led to a campaign for the recall or resignation of Judge Persky.

Background

Turner is a 2014 graduate of Oakwood High School. There, he was a three-time All-American swimmer. Oakwood, located in Montgomery County, is a suburb of Dayton, Ohio.[15][16] At the time of his arrest, Turner was a student at Stanford University, where he was a member of the university's swim team.[6][8]

Incident and response

Turner was arrested on January 18, 2015, after police arrived and encountered him pinned by two Swedish graduate students, Carl-Fredrik Arndt (sitting atop his legs) and Peter Jonsson (holding his arms) along with two others, Barnett and Sinclair, helping Jonsson.

According to Arndt and Jonsson, they found Turner near a dumpster on top of an unconscious drunken woman outside Kappa Alpha fraternity at approximately 1:00 a.m.[13] and intervened, causing Turner to run until they chased and tackled him.[6] Jonsson testified that he asked Turner, "What the fuck are you doing? She's unconscious." Turner then ran away, but Jonsson chased him, tripped him, and while holding him down, asked him, "What are you smiling for?" Turner was later arrested.[8]

Turner and his victim had both attended a party at Kappa Alpha fraternity earlier in the night. According to the police report, the morning after the incident, Turner told the police that he met the victim outside the fraternity house and left with her. He also stated he did not know her name and "stated that he would not be able to recognize [the victim] if he saw her again.[17] According to Turner's trial testimony, he and the victim "danced and kissed" at the party and both mutually agreed to go back to his room. As they were walking back, the victim slipped on a slope behind a wooden shed, and Turner got down to the ground and both started kissing each other. Turner then asked her if she wanted him to "finger" her, to which she said yes. He stated that he "fingered" her for a minute as they were kissing, then they started "dry humping". Turner then said he got nauseous and told her he needed to vomit. As Turner got up and started to walk away to throw up, he heard another person saying something to him to which he couldn't understand, then heard the same person talking to another person in a foreign language. As they grabbed Turner, Turner said he started to run away and they soon tackled him.[18] Prosecuting attorney Alaleh Kianerci and the victim have both alleged that Turner's narrative during trial testimony was fabricated.[19][20] Kianerci argued to the jury that, "He's able to write the script because she has no memory. But just because he wrote the script doesn't mean that ... knowledgeable jurors have to believe it."[19]

Turner withdrew from Stanford shortly after the incident rather than face disciplinary proceedings. On January 20—two days after his arrest—Stanford announced Turner had been banned from campus.[21] Stanford later announced that within two weeks of the incident, it had banned Turner from ever setting foot on campus again—the harshest disciplinary sanction it can impose on a student.[22]

While Turner had aspirations to swim for the US National Team in the 2016 Olympics, USA Swimming stated on June 6 that he would not be eligible for membership if he sought to reapply.[23][24] On June 10, USA Swimming reiterated that Turner would never be welcome in its ranks again, per its zero-tolerance policy for sexual misconduct. The June 10 announcement effectively banned Turner from ever taking part in a competitive swimming event for the United States. Sanctioned meets in the United States—including Olympic trials—are only open to members of USA Swimming.[25]

Several Chinese feminists posted messages of support for the victim as well as criticisms of the judge on the internet.[26]

Sentencing and controversy

File:Brock Turner.jpeg
File:Brock Turner Sentencing Photograph.jpeg
Turner during his initial booking (left) and during his trial in June 2016 (right).

On March 30, 2016, Turner was found guilty of three felonies: assault with intent to rape an intoxicated woman, sexually penetrating an intoxicated person with a foreign object and sexually penetrating an unconscious person with a foreign object. Her DNA was discovered on his hand. The two formal charges of rape under California state law had already been dropped at the preliminary hearing after DNA testing,[7] which revealed no genetic evidence of genital-to-genital contact.[27]

On June 2, 2016, Judge Aaron Persky sentenced Turner to six months in the Santa Clara County jail[28] followed by three years of formal probation.[29] With good behavior, Turner may have to serve only three months of his sentence.[30]

However, he must register as a sex offender for the rest of his life[31] and participate in a sex offender rehabilitation program.[13]

Prosecutors recommended that Turner be given a six-year prison sentence. In their sentencing brief, they argued several factors merited a more severe sentence:

He purposefully took her to an isolated area, away from all of the party goers, to an area that was dimly lit, and assaulted her on the ground behind a dumpster. He deliberately took advantage of the fact that she was so intoxicated that she could not form a sentence, let alone keep her eyes open or stand. This behavior is not typical assaultive behavior that you find on campus, but it is more akin to a predator who is searching for prey.[32]

Santa Clara County probation officials however recommended that Turner be given a "moderate" county jail sentence:

During the presentence interview, the defendant expressed sincere remorse and empathy for the victim...In determining an appropriate recommendation, this officer considered a myriad factors, including the impact of the crime on the victim and the safety of the community. Other factors included the defendant's lack of a criminal history, his youthful age, and his expressed remorse and empathy toward the victim...Based on the aforementioned information, a moderate county jail sentence, formal probation, and sexual offender treatment is respectfully recommended.[33]

Turner's father protested the prison sentence that the prosecution wanted, saying it was a "steep price to pay for 20 minutes of action out of his 20 plus years of life."[34]

Prosecutors and victims' rights advocates have decried what they see as light sentencing.[35] Santa Clara County District Attorney Jeffrey F. Rosen criticized the letter from Turner's father to the court, saying it reduced a brutal sexual assault to "20 minutes of action."[36]

Nancy Brewer, a retired Santa Clara County assistant public defender, described Persky as "respected by both prosecutors and defenders" and viewed as "a fair judge who is not soft on crime or someone who gives lenient sentences." Brewer said that Persky "carefully evaluated the evidence and did what he thought was a fair and appropriate sentence in the case" based upon the Santa Clara County Probation Department's presentence investigation report. Danny Cevallos, a Pennsylvania based criminal defense lawyer and CNN legal analyst, said the judge "absolutely is obliged to consider very seriously the [probation department] report" and noted that California penal code does allow a judge to depart from the statutory minimum (two years for rape), with justifications including defendant's lack of criminal history and the effect that incarceration will have on the guilty party. Cevallos believed that while the sentence was lenient, Turner's prior clean record made him a candidate for minimum sentencing.[37]

Repercussions to the judge

Although he did not face primary opposition in an election held five days after the sentencing, Judge Aaron Persky now faces a campaign to recall him. Judge Persky had also been a student and the lacrosse team captain at Stanford University.[38] The demands received the support of Representative Ted Poe (R-Texas), who took to the floor of the House of Representatives to condemn Turner's sentence as too lenient and to call for Judge Persky's removal.[39]

The move to recall Persky was opposed by the Santa Clara County public defender, who said she is "alarmed by the hysteria" about the Turner sentence. Santa Clara County district attorney Jeff Rosen, whose office prosecuted Turner and will not appeal the sentence, stated "While I strongly disagree with the sentence that Judge Persky issued in the Brock Turner case, I do not believe he should be removed from his judgeship."[40] CNN legal analyst Danny Cevallos stated that judges are supposed to enjoy a modicum of independence from public pressure, and "there are no apparent grounds for impeachment or allegations of judicial misconduct, based on this sentence alone". Cevallos said that the recall movement "raises the question: is removing judges good for the spirit of the judiciary system, especially when the judge's sole transgression is a legal sentence" where he correctly applied the law.[41] [42]

Revisit of previous rape case

Main article: 2007 De Anza rape investigation

In 2011, Persky presided over a civil lawsuit against multiple members of the De Anza college baseball team, who were accused by the underage plaintiff of gang-raping her while she was unconscious until passersby intervened. During the trial, Persky decided that the jury should be allowed to view seven photos of the plaintiff taken at a party she attended approximately a year after the alleged gang rape, as per the defense's claim that this evidence contradicted the plaintiff's claims. An ABC News 20/20 episode aired on June 5, 2009, on the case.[43] The jury found the defendants not liable.[44]

Following Brock Turner's sentencing in 2016, the plaintiff's attorney in the De Anza case criticized Pensky for allowing the photos into evidence and preventing other victims from testifying.[45][46] Attorneys for "Jane Doe" said the photographs were not the only evidence that Persky unfairly permitted. Four of the baseball players had invoked Fifth Amendment rights not to self-incriminate during the discovery phase of the litigation. According to a lawyer for Doe, that was a critical juncture: it prevented the victim's team from obtaining evidence that could have helped them pursue their case. The original judge in the case ruled in 2010 that the defendants could refuse to testify, but that would also mean that they would be prohibited from subsequently testifying in the case. That ruling was, however, overturned by Persky after he took over the trial in 2011, a move that Doe's attorneys say undermined her case.[47]

Drugs and alcohol

At the time of the assault, Turner had a blood alcohol blood content of 0.17%.[48] Although Turner’s blood-alcohol content was twice the legal driving limit, he testified that he remembered what happened that night.[7] Turner cited his inexperience with alcohol as a factor in his judgement the night of January 18, 2015, but evidence from his phone indicates a years-long pattern of recreational drug and alcohol use. Turner frequently smoked cannabis and hash oil, and was found to have texted friends about wanting to use MDMA and cocaine.[49]

The victim's blood-alcohol content was 0.24%, which is three times the legal driving limit.[48] She testified that she did not remember the events after her arrival to the party until she woke up more than three hours later in the hospital.[7]

Statements

Defendant's statement

After the guilty verdict, Turner maintained to his probation officer that the encounter was consensual.[50] He also gave an 11-page statement to the judge[51] that said he received verbal consent from the woman before she passed out.

According to Turner's testimony, he and the woman drank, danced, and kissed at the party. Sometime around midnight, he asked her whether she would like to go back to his dorm and she said yes. He claimed that she had slipped behind a wooden shed and then he got down on the ground with her and started kissing and fingering her until he got nauseous and decided to walk to another location to throw up.[7][52]

Victim-impact statement

On June 3, 2016, Palo Alto Online reporter Elena Kadvany[53] and BuzzFeed reporter Katie J. M. Baker[20] published the full 7,138-word victim-impact statement[54] from the woman Turner was convicted of sexually assaulting, named as "Emily Doe" for legal reasons.[53] In the statement, she detailed the negative effects the assault had on her life: "You took away my worth, my privacy, my energy, my time, my safety, my intimacy, my confidence, my own voice, until today."[55]

The statement also detailed the experience Ms. Doe had being treated at the hospital for sexual assault: "I had multiple swabs inserted into my vagina and anus, needles for shots, pills, had a Nikon pointed right into my spread legs. I had long, pointed beaks inside me and had my vagina smeared with cold, blue paint to check for abrasions."[56]

The statement also detailed the effect the assault had on Ms. Doe's ability to remain in her full-time job, which she left after the assault "because continuing day to day was not possible."[56]

The statement articulated that "social class" should not be factored into the sentence handed down: "The fact that Brock was a star athlete at a prestigious university should not be seen as an entitlement to leniency, but as an opportunity to send a strong cultural message that sexual assault is against the law regardless of social class."[56]

The statement was subsequently formally released by Santa Clara County[57] and was picked up by national and international media including the Washington Post,[56] CBS News,[58] Los Angeles Times,[59] TIME,[60] San Jose Mercury News,[61] Cosmopolitan[62] and the UK's Daily Mail[63] and The Guardian.[64] The letter went viral, being shared over 11 million times in four days.[65]

Vice President Joe Biden wrote the victim an open letter titled "An Open Letter to a Courageous Young Woman", which read in part, "I am filled with furious anger — both that this happened to you and that our culture is still so broken that you were ever put in the position of defending your own worth."[66]

Prosecutor's statement

Santa Clara County District Attorney Jeffrey F. Rosen stated that "The punishment does not fit the crime." Rosen described Turner as a "predatory offender" and stated he "has failed to take responsibility, failed to show remorse and failed to tell the truth." Rosen added, "Campus rape is no different than off-campus rape. Rape is rape. And I will prosecute it as such."[35]

Family and friends' statements

On June 4, Michele Dauber, a professor and sociologist at the Stanford Law School, who is also a family friend of the victim, posted a letter written by Dan Turner, Brock's father, asking for leniency for his son, arguing that punishment was a "steep price to pay for 20 minutes of action out of his 20 plus years of life."[67][68][69] The letter sparked outrage and was cited as an example of the prevalence of rape culture.[35][36][70][71]

Dauber also circulated, again via Twitter, a letter written by Leslie Rasmussen, a female childhood friend of Turner, that defended Turner and blamed alcohol consumption and universities for advertising themselves as "party schools".[72] The letter was met with further criticism.[73][74] The publication of her letter, in which she also said Brock came from "a respectable family," led to cancellations of her local band's engagements at a festival and clubs as far away as New York.[75]

Writing to the court and recommending against prison, Oakwood Judge Margaret M. Quinn, a retired federal prosecutor, also blamed the assault on alcohol, minimizing Turner's culpability. "He made a mistake in drinking excessively to the point where he could not fully appreciate that his female acquaintance was so intoxicated. I know Brock did not go to that party intending to hurt, or entice, or overpower anyone."[49][76]

Police reports

The Stanford University Department of Public Safety provided the initial response and investigation. The Superior Court of California filed the initial complaint.[77][78]

Turner had a prior campus law enforcement encounter when he was found by Stanford University police to be a minor in possession of cans of beer on November 11, 2014. He was cited as well for possession of a counterfeit Ohio driver's license. In addition, after publicized reports of the January 18, 2015, sexual assault incident, another female reported that Turner had made unwelcome physical advances toward her at a prior Kappa Alpha party on January 9, 2015.[79]

Appeal

It has been reported that Turner's legal appeal will be led by attorney Dennis Riordan,[80] who represented former baseball player Barry Bonds in a perjury case.[81]

See also

  • Ethan Couch, another convicted criminal whose light sentence spurred public outrage

References

  1. ^ Evans, Dayna (June 6, 2016). "Brock Turner Mug Shot Finally Released". New York magazine. Retrieved June 10, 2016. {{cite news}}: Italic or bold markup not allowed in: |work= (help)
  2. ^ The People of the State of California, Plaintiff vs. Brock Allen Turner, Defendant (Superior Court of California January 28, 2015), Text.
  3. ^ Molinet, Jason (February 2, 2015). "All-American swimmer pleads not guilty in Stanford rape case". New York Daily News. Archived from the original on February 3, 2015. Retrieved June 10, 2016.
  4. ^ Hamze, Adam (June 9, 2016). "Stanford Rapist Brock Turner Will Get Out of Jail Three Months Early". VICE News. Retrieved June 13, 2016.
  5. ^ Crockett, Emily (June 9, 2016). "Brock Turner was convicted of sexual assault but not "rape." What does that mean?". Vox. Retrieved June 11, 2016.
  6. ^ a b c "Felony Complaint Case Summary, Superior Court of California, County of Santa Clara" (PDF). Retrieved June 6, 2016.
  7. ^ a b c d e f Miller, Michael E. (March 31, 2016). "All-American swimmer found guilty of sexually assaulting unconscious woman on Stanford campus". Washington Post. Retrieved June 7, 2016.
  8. ^ a b c Herhold, Scott (March 21, 2016). "Herhold: Thanking two Stanford students who subdued campus sex assault suspect". San José Mercury News. Retrieved June 7, 2016.
  9. ^ Dremann, Sue (October 6, 2015). "Brock Turner to stand trial on sex-assault charges". Palo Alto Online. Retrieved June 10, 2016.
  10. ^ Rocha, Veronica; Winton, Richard (June 8, 2016). "Light sentence for Stanford swimmer in sexual assault 'extraordinary,' legal experts say". Los Angeles Times. Retrieved June 10, 2016.
  11. ^ Aydin, Rebecca (October 6, 2015). "Brock Turner, accused of rape last winter, undergoes preliminary hearing". Stanford Daily. Retrieved June 7, 2016.
  12. ^ Fimrite, Peter (June 3, 2016). "Ex-Stanford swimmer to serve 6 months in unconscious woman's rape". San Francisco Chronicle. Retrieved June 4, 2016.
  13. ^ a b c Xu, Victor. "Brock Turner sentenced to six months in county jail, three years probation". Stanford Daily. Retrieved June 4, 2016. Turner was arrested Jan. 18, 2015, after two graduate students found him on top of an unconscious woman outside Kappa Alpha fraternity at approximately 1 a.m.
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  50. ^ Kingkade, Tyler (June 8, 2016). "Brock Turner Repeatedly Used Alcohol As An Excuse". Huffington Post. After the guilty verdict, Turner continued to insist to his probation officer that the encounter was consensual. He said the victim had simply slipped behind a wooden shed and then he got down on the ground with her and started kissing and fingering her until he got nauseous and decided to walk away.
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