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Be polite. Inappropriate posts or posts containing offsite links, images, GIFs, inappropriate language, or memes may be removed by the moderator. Sign Up for Breaking News.

Breaking News Alerts. Sign up. Manage your lists. Lee's test did not show when the DNA was deposited and could not tell if it was blood, but he said it did resemble blood.

The woman testified that she woke up with dried blood on her hands and elbows. 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. Turner had aspirations to swim for the U.

National Team in the Olympics , but USA Swimming stated on June 6 that he would not be eligible for membership if he sought to reapply.

That announcement effectively banned Turner from ever participating in a competitive swimming event for the United States.

On January 28, , Turner was indicted on five charges: [58] [59]. These were summarized as "two counts of rape, two counts of penetration and one count of assault with intent to rape".

On March 30, , 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.

Prosecutors recommended that Turner be given a six-year prison sentence based on the purposefulness of the action, the effort to hide this activity and her intoxicated state.

This report was present in the trial record. Prosecutors and victims' rights advocates criticized Persky's sentencing as lenient and biased. Nancy Brewer, a retired Santa Clara County assistant public defender, described Persky as being respected by both prosecutors and defenders, stating that he was seen as a fair judge who is not soft on crime or a judge that would give lenient sentences.

Brewer said that Persky had carefully evaluated the evidence and did what he thought was a fair and appropriate sentence in the case based on the Santa Clara County Probation Department's pre-sentence investigation report.

Attorney and media legal analyst Danny Cevallos said: "[the judge] absolutely is obliged to consider very seriously the [probation department] report," and noted that the California penal code allows a judge to depart from the statutory minimum two years after considering the defendant's lack of criminal history and the effect of incarceration.

Cevallos believed that while the sentence was lenient, Turner's prior clean record made him a candidate for minimum sentencing.

Deputy Public Defender Sajid Khan did not consider the sentence lenient as he noted "Turner will register as a sex offender for life, and if he violates his probation he could go to prison for 14 years.

We appreciated Turner's father protested the prison sentence requested by the prosecutor, saying "[The sentence] is a steep price to pay for 20 minutes of action out of his 20 plus years of life.

Rosen criticized the letter from Turner's father to the court, saying it reduced a brutal sexual assault to "20 minutes of action. Although he did not face any opposition in an election held five days after the sentencing, Persky faced a campaign to recall him.

The Committee planned to collect signatures in Santa Clara County to force a November recall vote. The California Attorney General's office supported the propriety of the county registrar of voters approval of the petition allowing the recall to go forward.

Persky's legal team argued that since he was a state officer, only the California Secretary of State had the authority to approve its acceptance.

The recall vote required gathering 90, verified signatures. The move to recall Persky was opposed by the Santa Clara County public defender, who said she was "alarmed by the hysteria" about the Turner sentence.

A group of 70 public defenders petitioned in support of Persky, warning against "mass incarceration" brought upon by state legislatures or indiscreet judges, and fearing that the backlash against Persky could hurt their clients mostly poor African and Latino by compelling judges to give out harsh sentences.

Deputy Public Defender Sajid Khan wrote "rather than using robotic, one size fits all punishment schemes, we want judges, like Judge Persky, to engage in thoughtful, case by case, individualized determinations of the appropriate sentence for a particular crime and particular offender".

The immense power that comes with judicial independence also comes with accountability to the people we serve.

Danny Cevallos stated that judges 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.

In June , at least ten prospective jurors refused to serve in a misdemeanor trial for possession of stolen property where Persky was presiding, citing the judge's sentencing of Turner as a reason.

Rosen called his move to have the judge removed from the case, "a rare and carefully considered step for our office.

As a result of the backlash in the wake of his sentencing, Persky asked not to hear any more criminal cases and was reassigned to the Civil Division of the California Court system.

The Santa Clara County Registrar of Voters, on January 24, , confirmed that sufficient signatures had been verified to put the recall on the ballot.

There were 94, signatures submitted, only a fraction of which were verified in order to reach the total needed to qualify.

He was supported by dozens of law school professors, retired judges and the Santa Clara Bar Association. He stood by his sentencing, saying he's been unfairly targeted as the "face of rape" by recall advocates.

At the same time he admitted, "There is an underlying deep frustration among actual victims of sexual assault and women in general about the criminal justice system not taking sexual assault and domestic violence seriously.

It's a very genuine and important problem. Let's do criminal justice reform where it's smart to do so. Board of Education. In a May 18, interview, Persky stated he had no regrets, and would rule exactly the same again on this case.

Two women, Cindy Hendrickson , a Santa Clara County assistant district attorney and Angela Storey, a civil attorney, appeared on the ballot to take Persky's position in the event of his successful recall.

When the election results were being tabulated, and they indicated Persky would be recalled, Professor Dauber stated, "The vote today Persky was the first judge to be recalled by voters in California in 86 years, and the first in the United States since The county clerk had 28 days within which to certify the recall election results, ten days after which Hendrickson would take Persky's place on the bench.

In , Persky presided over a civil lawsuit against multiple members of the De Anza College baseball team, who were accused by plaintiff "Jane Doe" of gang-raping the then-underaged girl while she was unconscious, until another party attendee who heard the commotion intervened.

The civil trial came after the District Attorney had declined to prosecute a criminal case, as she thought evidence was lacking.

During the civil trial, Persky decided that the jury should be allowed to view photographs of the plaintiff taken at another 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 of suffering from post-traumatic stress disorder.

Following Turner's sentencing in , the plaintiff's attorneys in the De Anza case criticized Persky for allowing the photos into evidence.

Attorneys for 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 their legal team from obtaining evidence that could have helped them pursue their case.

The original judge in the case ruled in that the defendants could refuse to testify, but that meant that they would be prohibited from subsequently testifying in the case.

That prohibition was lifted by Persky after he took over the trial in , a move that Doe's attorneys say undermined her case. After the guilty verdict, Turner said to his probation officer that the encounter was consensual.

According to Turner's statement, he and the woman drank, danced, and kissed at the party. Sometime around midnight, according to Turner, 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, whereupon he sat down on the ground with her and engaged in consensual sexual activity, until he became nauseous and walked away to throw up.

Turner stated, "It debilitates me to think that my actions have caused her emotional and physical stress that is completely unwarranted and unfair.

On June 2, , [68] Doe read a 7,word victim impact statement [] aloud in the sentencing phase of the trial. The New York Times described the statement as a " cri de coeur against the role of privilege in the trial and the way the legal system deals with sexual assault".

BuzzFeed's publication rapidly went viral, achieving over 8 million views in three days, driven by widespread sharing on social media.

In one statement, she detailed the negative effects Turner 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.

Doe's statement also described her experience at the hospital and learning she was being treated for sexual assault: "The next thing I remember I was in a gurney in a hallway.

I had dried blood and bandages on the backs of my hands and elbow. My brain was talking my gut into not collapsing. Because my gut was saying, help me, help me.

The statement articulated that "social class" should not be factored into the sentence: "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.

Slate writer Mark Joseph Stern has described the statement as an "extraordinarily powerful letter and glad so many millions have read and been moved by it.

Wooldridge wrote that this and other "victim impact statements introduce a massive amount of emotion into the proceedings and inject arbitrariness into a sentencing process that should be a product of logical reflection".

On June 15, , a bipartisan group of eighteen members of the House of Representatives took turns reading the statement on the House floor.

Paul Gosar said: "People need to learn from this, This should matter to everyone. Rosen stated that "the punishment does not fit the crime.

Rape is rape. And I will prosecute it as such. A juror calling himself "A Concerned Juror" said this was his first time as a juror since recently becoming a U.

He wrote a letter to the judge expressing dissatisfaction with the sentencing length. The juror said that "the fact that Turner ran away after two Stanford graduate students noticed him on top of an unmoving woman" was compelling evidence, along with the incoherence of the message that Doe left her boyfriend before meeting Brock.

The juror believed this was very strong evidence "that Turner should have reasonably known she was not able to give consent. On June 4, Michele Dauber 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.

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".

Quinn, a Turner family friend and retired federal prosecutor, [] also blamed the assault on alcohol, minimizing Turner's culpability.

I know Brock did not go to that party intending to hurt, or entice, or overpower anyone. Brock's character was defended by at least 39 people including his ex-girlfriend who said he never pressured her [] and that he was kind, loving and respectful.

Her sister referred to by police as "Jane Doe 2" [ citation needed ] wrote a letter saying "an entire part of my heart has been permanently broken" by the assault, the lengthy prosecution, and Turner's failure to take responsibility for his actions.

The story was first disclosed to the public by The Fountain Hopper , an anonymous campus newsletter, after a line from the police blotter caught the interest of its editors.

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, He was cited as well for possession of a counterfeit Ohio driver's license.

In addition, after subsequent publicized reports of the January 18, , sexual assault incident, another female reported that Turner had made similar unwelcome physical advances toward her at a Kappa Alpha party on January 9, Turner was released from Santa Clara County jail on September 2, , having served three months of his six-month sentence.

Under the terms of his release, Turner was mandated to live with his parents in Sugarcreek Township, Ohio , [] where he was to register as a sex offender.

He was placed on three years probation with reciprocal supervision through the Greene County, Ohio , Sheriff's Office.

Conditions of probation included abstention from drugs and alcohol during that period. The day of his release, Turner's parents contacted the police, expressing concern about protesters being a danger to their safety.

One protester, while brandishing a gun in the open carry state, held a sign urging attendees to "shoot your local rapist". At the time of his conviction, it was reported that Turner's legal appeal would be led by attorney Dennis Riordan, [] who represented former baseball player Barry Bonds in a perjury case.

In December , Turner requested that his conviction be overturned, that his lifetime requirement to register as a sex offender be canceled, and that he be given a new trial, on the grounds that the prosecutor claimed that the assault took place behind a trash bin, but the victim was found behind a garbage enclosure; as well, Turner argued that the jury should have been given the option to consider less serious charges, and that he should have been able to call character witnesses.

On August 8, , Turner lost his appeal to overturn his conviction. It was reported in June that Turner was "living with his parents and earning just above minimum wage," rather than pursuing a medical career.

The public outrage at the sentence in the Turner case prompted the California State Legislature to pass two bills that would change California state law on sexual assault.

Assembly Bill would broaden California's definition of rape so that it would include digital as well as penile penetration.

Assembly Bill written by District Attorney Jeff Rosen would provide for a mandatory minimum three-year prison sentence for sexual assault of an unconscious or intoxicated person.

Previously California law provided a mandatory minimum prison sentence when a defendant uses force, but had no mandatory minimum sentence when the victim is unconscious or incapacitated and unable to resist.

The final versions of A. After these laws were enacted, state law from before continued to provide that where imprisonment in the state prison is imposed for rape when the victim is not a minor or for the crime of sexual penetration when the victim is "prevented from resisting by any intoxicating or anesthetic substance," the imprisonment is for a period of "three, six, or eight years.

Brock Turner, a Stanford student who raped and assaulted an unconscious female student behind a dumpster at a fraternity party, was recently released from jail after serving only three months.

Some are shocked at how short the sentence is. Others who are more familiar with the way sexual violence has been handled in the criminal justice system are shocked that he was found guilty and served any time at all.

What do you think? In September , an image of the page was widely circulated on social media. Consultado el 5 de julio de Consultado el 29 de marzo de Vistas Leer Editar Ver historial.

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