People v. Turner , officially People from the State of California v. Brock Allen Turner (2015), is a criminal case filed in the Santa Clara County Superior Court that sentenced Brock Allen Turner to three counts of sexual violence crimes. Turner was a student athlete at Stanford University on January 18, 2015, when he sexually pierced a 22-year-old drunk and unconscious woman (referred to as "Emily Doe") with her fingers.
Turner was arrested by two Stanford international students from Sweden, who testified that they intervened because the woman appeared to be unconscious. Turner escaped from the scene as they approached, causing the two to arrest and detain him until the police arrived to take him to custody. Police arrested Turner at the Stanford campus, and booked him in Santa Clara County prison on suspicion of rape and penetration with foreign objects. He was released on the same day after posting $ 150,000 bail.
Turner was charged on January 28, 2015, with five counts: two for rape, two for sexual violence crimes, and one for attempted rape. He was indicted on 2 February 2015, pleading not guilty to all five charges. On October 7, 2015, after reviewing the DNA test results, two allegations of rape were dropped by the prosecutor. The trial commenced on March 14, 2016, and ended on March 30, 2016, with Turner convicted on three counts of remaining sexual offenses. Confidence carries a potential penalty of 14 years in prison. Prosecutors recommended six years in jail while officials serving trial sentences recommended a "moderate" jail term. On June 2, 2016, Santa Clara County High Court Judge Aaron Persky sent Turner to trial for six months in Santa Clara County prison (which he served halfway) to be followed by three years of probation. In addition, Turner was notified of a lifetime obligation to be legally registered as a sex offender and furthermore, was ordered to complete a state-approved rehabilitation program for sex offenders.
Immediately after Turner's conviction, there was widespread public criticism about the punishment, accusing Persky of justice bias in favor of male, white and class privileges, leading to a campaign for withdrawal or his resignation. The Santa Clara County Bar Association and public defender defended Persky, saying that the sentence was based on a trial report and consistent with similar cases, and stated that his dismissal would be "a threat to judicial independence". Persky was recalled by regional voters on June 5, 2018.
Victim impact statements to the courts were also widely disseminated by the international media, sparking a widespread debate on the prevalence of campus sexual violence as a whole. His statement describes his suffering in detail, dissecting and criticizing Turner's actions during and after the attacks, and criticized the department's experimental recommendation of a short sentence for Turner. According to Vice News, the case became "the latest and controversial episode in an ongoing debate that swept the United States about rape culture, privileges in the criminal justice system, and campus security".
On November 1, 2016, Glamor named "Emily Doe" a woman this year to "change the conversation about sexual harassment forever", citing that her statement has been read over 11 million times. The case affects California's legislature to strengthen the law of sexual violence by requiring prison sentences for innocent victims of rapists and includes digital penetration in the definition of rape lawsuits.
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Brock Turner was born August 1, 1995, in Dayton, Ohio. She graduated from Oakwood High School in 2014, where she is a three-man All-American swimmer. At the time of his arrest, Turner was a 19-year-old freshman at Stanford University; registered on a swimming scholarship.
Before imposing the sentence, the prosecutor filed a memo with a court explaining Turner's drug and alcohol history at Stanford and earlier in high school. It tells us that the police found photos and messages on Turner's phone that showed extensive drug use, including LSD, ecstasy, marijuana extract, and excessive alcohol. Turner was arrested in 2014 for having alcohol while under the law.
With the convention of US courts and media, the woman Turner was convicted of an assault called "V01" in a police report endorsed for the incident, "Jane Doe" in the indictment, and "Emily Doe" and "Jane Doe 1" by local and regional newspapers, including San Jose Mercury News, Stanford Daily and Palo Alto Weekly. At the time of his assault, Doe was a 22-year-old alumni from a different college. Her sister ( referred to by the media as "Doe or Jane Doe 2 ), is a students at a distant university of California.
Maps People v. Turner
Incident details
Two Swedish graduate students Peter Lars Jonsson (AKA W01) and Carl-Fredrik Arndt (AKA W02), biked by the Kappa Alpha fraternity at Stanford campus at around 1:00 am on January 18, 2015, when they saw the attack take place. According to Arndt and Jonsson, they shocked Turner behind a dump above an unconscious woman. Jonsson testified that he faced it, asked Turner, "What are you doing? He is not aware." According to Jonsson, Turner quickly got up and escaped. When Arndt intermittently checked if he was breathing, Jonsson chased Turner, blocked him, and, holding him about 75 feet (23 m) from the dumpster, asked him, "What makes you smile?" Then, responding to the question of assistant district attorney during the trial, Turner testified that he laughed because he found the situation, "silly." Arndt quickly joined the pursuit, helping to press Turner when he was arrested. An observer in the trash is called emergency services. Meanwhile, two other passers arrived to help Arndt and Jonsson in holding off the attacker. The campus police arrived moments later, questioned Turner, and then arrested him.
According to a sheriff's deputy who described him as unconscious and snoring at the scene, upon arriving at the hospital, the woman did not respond to shouts and shoulders-shaking. He came at 4:15 am. He testified that when he realized he had a pine needle in his hair and body and "dried blood on his hands and elbows." In an interview with police, he says he does not remember being alone with any man at night and declares he does not approve of any sexual activity. At the hospital, the victim was found to have abrasions and erythema on her skin. A nurse conducting a Sexual Care Team examination at the hospital decides that she has experienced "significant trauma" (physical injury or bruises) including "penetrating trauma".
Turner and his victims both attended a party at the Kappa Alpha fraternity early in the night. The victim's sister testified at the trial that Turner, a man he previously unknown, had approached him twice and tried to kiss her, but he withdrew. He also testified that he never saw Turner and the victim interact at the party. According to a police report filed early in the morning after the incident, Turner initially told police he met the victim outside the fraternal home and went with him. He also said he did not know his name and "declared that he would not be able to recognize him if he saw it again."
After his arrest, Turner told police he met the victim at Kappa Alpha's house, they "drank beer together," "walked away from home holding hands," and that he undressed and stroked him as he rubbed his back.. Turner then says he's sick and tells him that he needs to throw up. Turner says he gets up and starts walking away to vomit, and hears others say something to him that he can not understand, then hears the same person talking to someone else in a foreign language. He also denied running from the graduate students. During his testimony, Turner stated that he and the victim "drank beer together," "danced and kissed" at the party and both agreed to return to his room. Turner stated that the victim slipped on the slope behind the wooden shed, and Turner came down to the ground, and they started kissing each other. Turner says he then asks if he wants her "finger", which he says yes. He stated that he "groped" him for a minute as they kissed, then they started "dry shake." Turner testified that he stumbled down the slope where he was confronted by graduate students saying things like "You're sick" and "Do you think it's all right?" Turner testified that he did not know what they were talking about. They said they caught him. However, Turner said he broke away, but was quickly dealt with.
Both demand prosecutor Alaleh Kianerci and the victim alleges that Turner's narrative during court testimony was made. Kianerci argued to the jury that, "He can write a script because he has no memory, but just because he wrote a script does not mean that... a knowledgeable juror must believe." The victim described Turner's testimony as presenting "a strange new story, [which] almost sounds like a poorly written young adult novel."
Alcohol
In a statement Turner described initially drinking five Rolling Rock beers and two Whiskey Fireball slices in a friend's room, and then drinking more beer later, reaching a total of nine beers.
Tested moments after his arrest, Turner's blood alcohol content is estimated to have been 0.171% at 1 am. He testified that he remembered what happened that night. Emily Doe's blood alcohol concentration was measured in the hospital hours after the attack at 0.12%, and doctors estimate the poisoning rate at 1 am, the estimated time of the attack, about 0.22%, or 0.242-0.249%. He told the police that he did not remember the incident from some point after his arrival at the party until he woke up more than three hours later at the hospital. Shortly before 1 am, Doe phoned his girlfriend and left a voicemail message, which would later be included as evidence by the prosecutor. The Palo Alto Weekly describes it as "almost completely incomprehensible"; a jury later quoted him as strong evidence that he was not fit to give consent.
The blood alcohol estimate for Turner and Doe for 1 am was made by a criminal adviser to Santa Clara County using a nominal hypothetical situation.
Turner claimed only limited previous experience with alcohol, as an alleged mitigation factor. However, the recovered evidence of his cell phone text recorded in the year prior to his capture in 2015 shows that he has discussed much of his alcohol use. Text messages also reveal the use of illegal drugs. By 2014, Turner has been arrested on campus for underage drinking.
Awareness
Doe reports that his last memory is around midnight, and that he does not remember a phone call to his brother and sister's friends made shortly after. The responding officer said he did not respond to the "shake and shout" test, but he opened his eyes as he pinched the nail bed. When Doe threw up on the scene before being taken away by ambulance, he could cough and remove his own vomit unaided. In a January 19 report, paramedics gave him a score of 11 out of 15 on the Glasgow Coma Scale.
DNA
Craig Lee testified that the woman's DNA was found under the left and right hand nails of Turner and in her right finger. Lee's test did not show when the DNA was stored and could not tell if it was blood, but he said it resembled blood. The woman testified that she woke up with dried blood on her hands and elbows.
Official responses
Turner withdrew from Stanford shortly after the incident rather than face the disciplinary process. On January 20 - two days after his arrest - Stanford announced Turner had been banned from college. Stanford further announced within two weeks after the incident that they had banned Turner from ever setting foot on campus again - the harshest disciplinary sanctions that could be applied to a student.
Turner has aspirations to swim for the US National Team at the 2016 Olympics, but USA Swimming stated on June 6 that he will not qualify for membership if he wants to reapply. On June 10, USA Swimming asserted that Turner would no longer be accepted in its ranks, under a zero-tolerance policy for sexual offenses. The announcement effectively forbade Turner to participate in competitive swimming events for the United States. Approved meet in the United States - including Olympic trials - open only to USA Swimming members.
Charges and charges
On January 28, 2015, Turner was charged with five counts:
- the rape of a drunk
- rape of an unconscious person
- sexual penetration (by foreign objects) of unconscious women
- sexual penetration (by a foreign object) from a drunk woman
- attack with the intention of rape
This is summarized as "two counts of rape, two counting of penetration and one count of attacks with intent to rape". Two official allegations of rape under California state law were dropped at a preliminary hearing on Oct. 7, 2015, after DNA testing revealed no genetic evidence of genital-to-genital contact. On March 7, 2016, the People filed a motion in the Limine and Witness List, which outlines the Evidence guidelines allowed for the trial. The trial begins on March 14, 2016.
Punishment
On March 30, 2016, Turner was found guilty of three acts of crime: attacking with the intention of raping a drunk woman, sexually penetrating drunkards with foreign bodies, and sexually penetrating people who are unconscious with foreign bodies.
The prosecutor recommends that Turner be sentenced to six years in prison based on the purpose of the act, attempts to conceal what he did, and the state of his intoxication.
The experimental official at Santa Clara County, including his probation officer, Monica Lassettre, recommended that Turner be given a "moderate" prison sentence with an official trial sentence based on a lack of criminal history, youth and regretful expression. The trial report did not mention another woman who said she was upset by the impulse of unwanted physical progress at an Alfa Kappa party just eight days before the offense was charged, even though the report was in court records.
On June 2, 2016, Judge Aaron Persky sentenced Turner to six months in Santa Clara County prison followed by three years probation. After three months in prison, Turner was released on September 2nd, 2016. He is permanently registered as a sex offender and is obliged to participate in sex worker rehabilitation programs.
Reaction
Controversy over sentence
Prosecutors and supporters of victims' rights denounced Persky's punishment as soft and biased. Persky himself once captained the lacrosse team and students at Stanford University.
Nancy Brewer, a retired public retired Santa Clara County assistant, described Persky as "well-respected by prosecutors and defenders", further stating that she was "seen as a just judge who is not soft on crime or someone who gives light punishment." Brewer said that Persky "carefully evaluates the evidence and does what he thinks is a fair and appropriate punishment in the case... based on a preliminary investigation report by the Santa Clara County Prison Department." Lawyer and media legal analyst Danny Cevallos said the judge "absolutely obliged to seriously consider the [trial department] report" and noted that California's criminal law allows judges to exit the minimum law (two years) after considering the lack of accused criminal history and effects of detention. Cevallos believes that despite his light sentence, Turner's previous net record makes him a candidate for the minimum sentence.
Public Defender Sajid Khan did not consider the sentence lightweight as he said, "Turner will register as a lifelong sex offender, and if he breaks his probationary period, he can be jailed for 14 years." Khan further stated that "the reputation of Persky among the public defenders (a group so attuned to racial injustice in the courtroom) is a fair-minded jurist", saying, "No one can cite an example so far [sic]" Di where a minority client who is in the same place has been treated harshly by him. We appreciate... the judge's understanding of the humanity of Brock Turner... and we want any judge to do the same for our clients. "Similarly, other judges (both state and federal) and legal commentators have defended Persky's decision, noted that the punishment was possible, in their opinion, disproportionate because of the lifelong consequences of criminal penalties and the registration of sex offenders, and asked the bar to protect the independence of the judiciary.
Turner's father protested the prison sentence requested by the prosecutor, saying it was "a steep price to pay for 20 minutes of action from his 20 plus years of life." Santa Clara County District Attorney Jeffrey F. Rosen criticized a letter from Turner's father to court, saying it reduced the brutal sexual assault to "20 minutes of action."
Repercussions to judge
Although he does not face opposition in the election held five days after the sentence, Persky faces a campaign to call him. The online petition calling on Persky to be removed drew more than a million signatures on June 10, 2016. Professor Michele Dauber, from the Stanford Law School and longtime advocate on the sexual assault campus, who is also a friend of the victim's family, presides over the Committee to Remember Judge Persky. The committee plans to collect signatures in Santa Clara County to force a withdrawal vote in November 2017. Requests for orders by Persky suspended the initiative. The California Attorney General's Office endorsed the appropriateness of the county registrar of the voters who approved the petition allowing a recall to proceed. The legal team of Persky argues that since he is a state official, only the California State Minister has the authority to approve his acceptance. To be held, recall calls require the collection of 90,000 verified signatures. Persky paid $ 30,000 to firm Brian Seitchik, presidential campaign manager Donald Trump in Arizona, to lead the opposition to a recall. A retired judge who lives in Santa Cruz hears Persky's request for a court order to prevent a withdrawal vote and give a temporary approval in order for him to move forward. The demand for recall received support from Ted Poe's (R-Texas) Representative, who descended to the floor of the United States House of Representatives to condemn Turner's sentence as too soft and demanded the removal of Persky.
The move to remember Persky was opposed by public defender Santa Clara County, who said he was "worried about hysteria" about Turner's sentence. A group of 70 public defenders have petitioned to support Persky, a warning against "mass arrests" brought by state legislatures or unwise judges, and feared that a counterattack against Persky could harm their clients (mostly poor Africans and Latins) by judges which forces to give a rough sentence. Deputy Public Defender Sajid Khan writes "Instead of using robotics, one size fits all the punishment schemes, we want judges, like Judge Persky, to engage in consideration, case by case, individual determination of appropriate penalties for certain crimes and certain offenders ". Santa Clara County district attorney Jeff Rosen, whose office punishes Turner and will not appeal the sentence, stated, "Although I strongly disagree with Justice Persky's punishment in the Brock Turner case, I do not believe he should be removed from his trial. "and said" The independence of the judiciary is an important part of the US judicial system The great power that comes with judicial independence also comes with accountability to those we serve. "
Danny Cevallos stated that judges enjoy little freedom from public pressure, and "there is no apparent reason for allegations or alleged violations of the law, based on this sentence only." Cevallos said that the recall movement "raises the question: is removing a good judge for the spirit of the judicial system, especially when a single offense of a judge is a legal sentence" in which he properly implements the law. The Santa Clara County Bar Association has released a statement saying that removing Persky would be a "threat to judicial independence" and weighing on one of its 13-year decisions is too heavy, saying they see "no credible statement that in issuing punishment, Judge Persky violated law or ethical obligations or acting in bad faith. "Similarly, other judges (both state and federal) and legal commentators have defended Persky's decision, noting that the punishment was possible, in their opinion, disproportionate because of the lifetime consequences of the punishment criminal and registration of sex offenders, and requested the bar to protect the independence of the judiciary.
In June 2016, at least ten prospective jurors refused to serve in a criminal court to own the stolen property where Persky was leading, citing Judge Turner's sentence as an excuse. The following week, Rosen filed a censure motion to recusal in cases where Persky would lead a criminal trial of a surgical nurse charged with a sexual battery for allegedly touching the genitalia of a patient in sedation. Rosen called her move to remove the judge from the case, "a rare and carefully considered step for our office."
As a result of a counterattack after his sentence, Persky has requested not to hear any more criminal cases, and has been reassigned to the California Civil Division of the California Court system.
The Santa Clara County Registrar of Voters, on 24 January 2018, confirmed that enough signatures have been verified to place a recall on the ballot. There are 94,539 signatures sent, only a small number are verified to achieve the total required to qualify. The recall problem was on a state election vote on June 5, 2018. The California Commission for Law Enforcement found that he was not abusing his wisdom and he was supported by dozens of law school professors, retired judges and the Santa Clara Bar Association. He stands by his punishment, saying he has been unfairly targeted as a "face of rape" by supporters of the recall. At the same time he acknowledges, "There is a deep sense of frustration among victims of actual sexual violence and women in general about the criminal justice system not taking seriously domestic sexual and domestic violence, this is a very original and important issue." "The spirit is authentic, finally justified, let's improve the reporting of sexual harassment.Let's do criminal justice reform where it's smart to do it." Persky is the first judge in the United States to be called by voters in 77 years, and the first in California in 86 years. In a press conference in May 2018, Persky compared his sentence imposed in Turner's case to Brown v. Board of Education . In an interview on May 18, 2018, Persky stated he was not sorry, and would reign exactly the same in this case.
Two women, Cindy Hendrickson, assistant district assistant of Santa Clara County and Angela Storey, a civil lawyer, appeared on the ballot to take on Persky's position, in regards to its success remembering. Storey opposes recall on principle. When the election results are tabulated, and they indicate Persky will be withdrawn, Professor Dauber states, "Today's voting... is a voice against impunity for violators of high status of domestic violence and sexual assault." Hendrickson won the election to take Persky's place. Persky will leave the bench and Hendrickson will be sworn in ten days after the result of the election is certified.
Review previous civil cases of alleged rape
In 2011, Persky led a civil suit against several members of De Anza College's baseball team, accused by minor plaintiff, "Jane Doe", of gang rape when she was unconscious until other party participants heard the commotion. intervened. During the trial, Persky decided that the jury should be allowed to view a photo of the plaintiff taken on the other side which was attended about a year after the alleged gang rape, in accordance with the defense claim that this evidence contradicts the claimant's claim of suffering after a traumatic stress disorder. The jury found the defendants irresponsible.
After Turner's sentence in 2016, the plaintiff's lawyer in the De Anza case criticized Persky for allowing the photo to be evidence. Lawyers for Doe said the photos were not the only evidence that Persky was unfairly allowed. Four baseball players have requested the Fifth Amendment right not to denounce themselves during the litigation discovery phase. According to an attorney for Doe, it is a critical point: it prevents their legal team from getting evidence that can help them pursue their case. The original judge in this case ruled in 2010 that the defendant could refuse to testify, but that meant that they would be banned to later testify in this case. The ban was revoked by Persky after he took over the trial in 2011, a move that Doe's lawyers have damaged his case.
Statement
Defendant's statement
After the guilty verdict, Turner told his probation officer that the meeting was done likewise. He also gave a 11 page statement to the judge who said he received the verbal consent of the woman before he fainted.
According to Turner's statement, he and the woman drank, danced and kissed at the party. Around midnight, she asked if she wanted to go back to the dorm and she said yes. He claims that he has slipped behind a wooden enclosure and he sits on the ground with him and engages in sexual activity with the victim until he becomes nauseous and goes to vomit.
Turner stated, "It weakens me to think that my actions have caused emotional and physical stress [Emily Doe] which is completely unfounded and unfair."
Victim impact statement
Doe reads the 7,138-word victim impact statement out loud in the trial sentence phase. The New York Times describes the statement as "cri de coeur on the privileges of the court and the way the legal system deals with sexual assaults." On June 3, 2016, Palo Alto Online and BuzzFeed published Doe's full statement. BuzzFeed publications quickly became viral, reaching over 8 million views in three days, spurred on by widespread dissemination in social media.
In a statement, he details the negative effects that Turner has in his life: "You take my value, my privacy, my energy, my time, my salvation, my intimacy, my confidence, my own voice, to this day." The statement also details the effect on Doe's ability to keep full-time work, which he left behind "because it is impossible to continue the day to day."
Doe's statement also describes her experience at the hospital and finds out that she is being treated for a sexual assault: "The next thing I remember I was in the gurney in the hallway I had dried blood and bandages on the back of my hands and elbows.... My brain was talking stomach I do not collapse because my gut says help me please me. "Doe thanks the" apprentice who made me oatmeal when I woke up in the hospital that morning, to the waiting deputy beside me, to the soothing nurses me, to the detective who listens to me and never judges me, to me a staunch supporter beside me, to my therapist who taught me to find courage in vulnerability. "
The statement articulates that "social class" should not be included in the sentence: "The fact that Brock is a star athlete in a prestigious university should not be seen as a right to leniency, but as an opportunity to send a strong cultural message that sexual harassment is against the law regardless of social class. "Doe also disagrees with the judge's judgment that Turner has shown remorse, stating that Turner failed to show genuine remorse and this is a factor in his anger at the short sentence.
The statement was later officially released by Santa Clara County and taken by national and international media including the Washington Post, CBS News, Los Angeles Times, TIME , San Jose Mercury News , Cosmopolitan and the English English and The Guardian in the United Kingdom. The letter became viral, distributed over 11 million times in four days. CNN anchor Ashleigh Banfield reads most of the statements aloud during the 20 minute segment of CNN's Legal View .
On June 16, a bipartisan group of eighteen members of the House of Representatives took turns reading the statement on the floor of the House. Jackie Speier's representative arranges readings to raise awareness about sexual assault, and to promote his legislation on sexual assault on campus. Paul Gosar said: "People need to learn from this,... It's important for everyone." Cheri Bustos claims the need for more women at home to bring the issue of sexual violence to the surface. Vice President Joe Biden wrote Doe an open letter entitled, "Open Letter to a Courageous Young Woman," partly read, "I am filled with tremendous anger - both of these things happen to you and that our culture is still so damaged. You've been in a position to defend your own worth. "
Slate Author Mark Joseph Stern has described the statement as "an incredibly powerful letter and glad that millions of people have read and been moved by it, but there is absolutely no room in the courtroom," noting that the impact of the victim the statement is "bhªte noire liberal, and rightly so, because they are seriously undermining the rights of the defendant's accused process". Prosecutor's statement
Santa Clara County District Attorney Jeffrey F. Rosen stated that "Punishment is incompatible with crime." Rosen described Turner as a "predatory predator" and stated that he "had failed to take responsibility, failed to show remorse and failed to tell the truth." Rosen added, "Rape on campus is no different from off the campus rape, rape is rape, and I will sue for it like that."
Juror Statement
A juror who calls himself "A Careful Juror" (he describes 12 as most men) said it was the first time as a jury and that he recently became a US citizen after living in the country for three decades. He wrote a letter to a judge expressing his dissatisfaction with his sentence. The jury said that "the fact that Turner escaped after two Stanford graduate students noticed him above a motionless woman" is powerful evidence along with the message incoherence that Doe left his girlfriend before meeting Brock. The jury believes this is very strong evidence "that Turner should know that he can not give consent."
Statement by Turner's family and friends
On June 4, Michele Dauber posted a letter written by Dan Turner, Brock's father, requesting leniency for his son, arguing that the punishment was "an expensive price to pay for 20 minutes of action from 20 years of his life." The letter sparked outrage and was cited as an example of the prevalence of rape culture.
Dauber also circulated, again via Twitter, a letter written by Leslie Rasmussen, a childhood friend of Turner's women, who defended Turner and blamed alcohol and university consumption for advertising themselves as "party schools". The letter was met with further criticism. The publication of his letter, in which he also said Brock came from "honorable family," led to the cancellation of his band (Good English) 's engagement at the festivals and clubs as far as New York. Rasmussen immediately denied the letter, writing on Facebook, "I do not strongly acknowledge the extent of Brock's crime and the suffering and pain suffered by his victims, and for lack of recognition, I am very sorry."
Writing to the court and recommending against the prison, Oakwood Judge Margaret M. Quinn, a friend of the Turner family and a retired federal prosecutor, also blamed the alcohol attack, which minimized Turner's mistakes. "He made the mistake of drinking excessively to the point where he could not fully appreciate that his acquaintance was so drunk, I knew Brock did not go to the party with the intention of hurting, or persuading, or attacking anyone."
Brock's character is maintained by at least 39 people including his ex-boyfriend who says he never compels him and that he is kind, loving and respectful.
Doe family statement
His brother (referred to by the police as "Jane Doe 2") wrote a letter saying "the whole part of my heart has been permanently destroyed" by the attack, the long prosecution, and Turner's failure to take responsibility for his actions.
Police report
Department of Public Security Stanford University provided initial responses and investigations. A criminal complaint was filed in the High Court for the Santa Clara County on January 28, 2015.
The story was first disclosed to the public by The Fountain Hopper, an anonymous campus bulletin, after a line from a police blotter captured the interest of its editors.
Turner had a previous campus law enforcement meeting when he was discovered by Stanford University police being a minor in possession of a beer can on November 11, 2014. He was also cited for having a fake Ohio driver license. Additionally, after the next published report on January 18, 2015, the incident of sexual violence, another woman reported that Turner had made unwanted physical advances against her at Kappa Alpha's party on January 9, 2015.
Jail and aftermath
Turner was released from the Santa Clara County prison on 2 September 2016, after serving a three-month sentence for six months. The guards, who had kept him in shelter during his stay, gave Turner a letter of hatred that had been built during his stay, when he came out.
Under the terms of his release, Turner was mandated to live with his parents in Sugarcreek Township, Ohio, where he had to register as a sex offender. He will undergo a three-year probation period with mutual supervision through Greene County, Ohio, Sheriff's Office. The experimental conditions included the abstention of drugs and alcohol during that period.
On the day of his release, Turner's parents contacted the police, expressing concerns about protesters endangering their safety. The day after his release, the demonstrators gathered on the sidewalk outside his family's home in Ohio. A protester, while holding up a weapon in a "carry open" state, holds a sign urging participants to shoot "your local rapist."
Appeal
At the time of his conviction, it was reported that Turner's legal appeal would be led by lawyer Dennis Riordan, who represented former Barry Bonds baseball player in a case of perjury. Riordan was present in court on Thursday, June 2 with Turner's early lawyer Michael Armstrong.
In December 2017, Turner requested that his conviction be canceled, that his lifetime requirement to register as a sex offender was canceled, and that he would be given a new trial, arguing that the prosecutor claimed that the attack occurred behind the trash but the victim was found behind the cage garbage; also, Turner argues that the jury should be given the option to consider less serious charges, and that he should be able to summon witness characters. The oral argument will be given on June 28, 2018 in San Jose.
Legacy
The public outcry on the sentence in Turner's case prompted the California State Legislature to pass two bills that would change California state law on sexual assault. Assembly Bill 701 will expand the definition of rape in California so it will include digital penetration and penile. Assembly Bill 2888 (written by District Attorney Jeff Rosen) will provide a mandatory minimum three-year prison term for sexual violence from an unconscious or intoxicated person. (The current California law provides a mandatory minimum prison sentence when a defendant uses violence, but has no minimum mandatory penalty when the victim is unconscious or incompetent and can not refuse.)
The latest version of A.B. 2888 and A.B. 701 are both unanimously approved by the California legislature. Both bills then went to the governor's desk Jerry Brown. The bill was signed into law on September 30, 2016.
Once this law is enacted, state legislation from before 2016 continues to provide that where prisons in state prisons are imposed for rape (when victims are not underage) or for sexual penetration offenses when victims "are prevented from refusing by any intoxicating substances or anesthesia, "prison is for a period of" three, six, or eight years. "
The second edition of criminal justice textbooks Introduction to Criminal Justice (ISBN: 9781506347721), by the University of Colorado, Denver Professors Callie Marie Rennsion and Mary Dodge, used a photo of Turner as a photo attached in an entry that defines raping. According to the description under Turner's photo, which appears at the top of the inside of the book on "rape":
Brock Turner, a Stanford student who raped and attacked an unconscious female student behind a dumpster at a fraternity party, was recently released from prison after serving only three months. Some people are surprised by how short the sentence is. Others who are more familiar with the way sexual violence has been dealt with in the criminal justice system are surprised that he was found guilty and serving anytime. what do you think?
In September 2017, the page images were widely circulated on social media. This book, available on Google Books, was published in January 2017. Rennison, who was awarded the Bonnie S. Fisher Victimology Career Award in 2016, explained in connection with his acceptance of the award that the textbook is his attempt to change the dialogue about crime victims and the perpetrators in community criminal justice, said:
"The existing criminal justice texts have focused on three elements: the police, the courts and the corrections, they speak little about victims, reflecting how effectively they are in the shadow of our criminal justice system.In our book, the victims are ahead and in the middle with the same emphasis, as the police, the court and the correction.This is the way it should be. "
In June 2018, Persky was recalled by Santa Clara County voters in the California election that year by a margin of 60-40. He became the first judge to be called in Califorrnia for over 86 years, and the first in the United States since 1977.
See also
- 2015 in the United States
- Crime in California
References
External links
- Brief Proof
- Emily Doe's full statement
- Brock Turner's sexual abuse profile
Source of the article : Wikipedia
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