CommentsTHIS IS WHAT I KNOW-This past Friday, Brock Turner walked out of jail after serving just three months of a controversial six-month sentence, released under a law that credits inmates for time served. The now 21-year old former Stanford swimmer and Judge Aaron Persky who sentenced him were at the center of a swarming controversy after Persky’s light sentencing.
Turner was found guilty in March of three felony counts: assault with intent to commit rape of an intoxicated or unconscious person, penetration of an intoxicated person and penetration of an unconscious person. Deputy District Attorney Alaleh Kianerci argued that Turner should receive a six-year sentence in state prison as he lacked remorse and because the victim was particularly vulnerable in her unconscious state.
Perksy, however, chose to follow the probation department’s recommendation of probation and county jail time, citing the assailant’s lack of criminal history, his display of “sincere remorse” and that alcohol had impaired his judgement. “I think you have to take the whole picture in terms of what impact imprisonment has on a specific individual’s life. And the impact statements that have been [submitted] … [and the] character letters that have been submitted, do show a huge collateral consequence for Mr. Turner based on the conviction,” Persky wrote.
Updates:
Judge Persky
Almost a million people signed a recall petition for the judge, while those supporting him argued that censoring judges for sentencing goes down a dangerous slope. Per Persky’s request, the judge has been transferred to the civil division by the end of September and will no longer hear criminal cases.
Brock Turner
Turner has returned to his family’s Dayton, Ohio home where his parents have been asking local police to monitor protests in their neighborhood. He will have five days from his release to register as a sex offender and must re-register every 90 days. His image, conviction information and address will be publicly available on Ohio’s sex offender registry. All those living within 1,250 feet of his address will be notified by mail of his presence and he will not be able to live within 1,000 feet of schools or playgrounds.
Turner will also need to complete three years of probation and enter a sex offender management program for a minimum of one year but as long as three years. This is typically centered on group counseling led by psychologists based on cognitive behavior treatment to address anti-social behavior leading to distorted thinking about sex, relationships and empathy.
As a registered sex offender, he must notify law enforcement of changes in address, employment, education schedule, vehicles, phone numbers, volunteer work and Internet access such as user names and passwords for emails, websites and social networking sites. Turner was expelled from Stanford and banned by USA Swimming for life.
Stanford University
While Stanford University has issued an official statement just weeks following the rape that the university has participated in the investigation, encouraged bystanders to act and that the university had a zero tolerance for sexual assault and rape, the university has joined in on the focus of the case on intoxication as a “cause” of sexual assault.
As of late August, the University has placed a ban on liquors 20 percent alcohol by volume (40 proof) at undergraduate gatherings. The ban extends to containers of hard-alcohol that are 750 ml or larger in student residences. Stanford director of the Office of Alcohol Policy and Education Ralph Castro called the new policy a “harm reduction strategy,” a tactic that many see as capitulating to Turner’s assessment that alcohol and the party culture are to blame for his assault, denying his personal responsibility.
State Legislature Passes Mandatory Sentencing Bill in Response to Turner Case
The State Legislature passed Assembly Bill 2888 last Monday, in direct response to the Turner sentencing. If signed by Governor Brown, the bill would expand the types of sexual assault convictions subject to mandatory sentencing.
By amending the penal code, the bill would bar judges from granting probation for crimes that include two for which Turner had been convicted: sexually penetrating an intoxicated person with a foreign object (his finger) and sexually penetrating an unconscious person with a foreign object. Under the new law, both would require mandatory three year prison sentences.
The third crime of which Turner was convicted, intent to commit (penile) rape would be at the discretion of judges but would generally place a two-year prison sentence on the assailant.
While mandatory sentencing may seem to be a solution to cases like Turner’s, the end result might not necessarily be the answer. Our justice system tends to skew in favor of those who can afford legal representation. Many criminal defendants are forced to plead out their cases due to inadequate funding for public defenders. Turner was able to mount a rigorous defense unavailable to many on trial. Mica Doctoroff of the ACLU Northern California regards AB 2888 as “hasty-policymaking” in response to a high profile case that would disproportionately impact communities of color.
Another side to the sexual assault problem on college campuses and elsewhere is the low rate of conviction for sexual assaults. According to the Rape, Abuse & Incest National Network (RAINN), only about one in three sexual assault cases are reported to the police. Only 63 reports per 1,000 assaults lead to an arrest; 13 of those are referred to prosecutors and only seven lead to a felony conviction with only six rapists sentenced with incarceration. Thousands of rape kits go untested every year.
The current fiscal environment means prosecutors are reluctant to take on cases that might not be a win. Even with mandatory minimum sentencing, rape and assault cases are still subject to prosecutorial and law enforcement discretion before the case ever makes it before a jury. While requiring mandatory minimum sentencing may seem to be an effective deterrent, the tactic may be less than ideal.
We must continue the discussion about consent and improve training on sexual assault at police academies and law schools. We must continue work to change the culture that blames women for sexual assault. Teaching or encouraging women to follow safe practices and the culpability for rape and assault need to be seen as two separate issues.
If a woman, for example, is intoxicated, that should not be seen as a green light to assault or mitigate the severity of the charge. We need to provide adequate funding to process rape kits and to conduct investigations, as well as support for the assaulted. Mandatory sentencing may not be the panacea it appears to be.
(Beth Cone Kramer is a Los Angeles writer and a columnist for CityWatch.) Edited for CityWatch by Linda Abrams.
Rapist Brock Turner Walks! What Now?
