Convicted Rapist Given Light Sentence To Lessen Negative Impact On Him

regdog

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Former Stanford University athlete Brock Allen Turner, 20, raped an unconscious woman behind a dumpster. Prosecutors wanted him put away for 6 years, but the judge, Aaron Perksy, gave him 6 months to avoid being unnecessarily harsh on the boy.

Despite the face Turner raped an unconscious woman, the judge did not see him as dangerous

The judge, Aaron Perksy, cited Turner’s age and lack of criminal history as factors in his decision, saying, “A prison sentence would have a severe impact on him … I think he will not be a danger to others.”

What part of RAPING A PERSON equates not a danger to others? :rant:


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Cyia

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Rape convictions need a mandatory minimum sentence. One the judge can raise, if the case involves multiple victims or due to other factors, but one that cannot be lessened.

Even assuming an unconscious victim doesn't know they've been assaulted, there's still the risk of disease transmission or pregnancy, and when she does figure out what's happened, there's years of trauma that have to be addressed. The impact on her life can't be mitigated or commuted to keep it from having negative consequences.
 

MarkEsq

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Rape convictions need a mandatory minimum sentence. One the judge can raise, if the case involves multiple victims or due to other factors, but one that cannot be lessened.

I know why you're saying that, and I might agree in theory, but it wouldn't be a good idea. Juries are already very hesitant to convict people of rape, and if they know there is a high mandatory minimum they will be even more reluctant. Trust me, I've had some very depressing experiences with rape cases, and I truly believe that jurors would find a mandatory minimum another hurdle to get over before convicting.
 

Cyia

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It's so absolutely frustrating that the idea of not ruining a rapist's life / he's a "good boy" who made a mistake is so ingrained in the cultural make-up of society.
 

Lyv

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I know why you're saying that, and I might agree in theory, but it wouldn't be a good idea. Juries are already very hesitant to convict people of rape, and if they know there is a high mandatory minimum they will be even more reluctant. Trust me, I've had some very depressing experiences with rape cases, and I truly believe that jurors would find a mandatory minimum another hurdle to get over before convicting.
That's truly disturbing. Now I'm even more depressed (and queasy) over this story (but thank you for sharing the info).
 

DancingMaenid

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Like Mark, I'm wary of mandatory minimums. In addition to the risk with the jury, judicial leeway can be good or bad depending on the judge's judgment. This case is ridiculous because someone who rapes a person behind a dumpster has shown themselves to be a danger. But I want judges to be able to exercise judgment in situations such as statutory rape cases where there was not a big age difference, for example. The problem is that sexual assault isn't taken as seriously as it should be, not that there are literally no situations where alternatives to prison may be appropriate.
 

Amadan

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Yeah, I am not a fan of declaring we should remove judicial discretion whenever one judge makes a boneheaded ruling. We give judges latitude for a reason, but they are human which means sometimes you're going to get a bad judge making a bad decision.
 

Roxxsmom

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It's so absolutely frustrating that the idea of not ruining a rapist's life / he's a "good boy" who made a mistake is so ingrained in the cultural make-up of society.

Exactly, and as maddening (and vacuous) as this argument can be in the context of college guys who use drunken frat parties as hunting grounds, it's downright bizarre in the case of someone who rapes a random unconscious person in an alleyway. How could any "good boy" possibly think it's normal to want "sex" with a person in this position?

I'm guessing peoples' attitude about the victim came into play here too.

I agree that mandatory minimum sentences can have unintended fallout, though. It's certainly likely that it will make some jurors even less likely to convict perpetrators who elicit sympathy in one way or another, and it might have the opposite effect from what's intended.
 
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raburrell

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nighttimer

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Brock Allen Turner. One newspaper. Two points of view.

The columnist:

Santa Clara County Superior Court Judge Aaron Persky will have to perform a legal incantation Thursday if he follows a probation recommendation and sentences Brock Turner to county jail rather than state prison. Persky should do it. Turner doesn't belong in prison.

The former Stanford swimmer, 20, was convicted of three felony charges in late March in connection with the sexual assault of an unconscious woman outside a fraternity party on campus in January, 2015.

Turner was rightfully convicted. I wrote a column earlier this year praising the two Stanford students, both from Sweden, who interrupted the assault and chased the drunken athlete down.

But probation officials, who see hundreds of less remorseful defendants, had it right. Turner should be given six months in county jail. He is not, as the prosecution has it, "a continued threat to the community."

Why do I say that? The probation people cite his lack of a criminal record and what they see as genuine remorse. His attorneys have argued that the ex-swimmer has a record of real accomplishment.

"I would give anything to change what happened that night." Turner wrote in a statement to probation authorities that was quoted in a defense brief. "I can never forgive myself for imposing trauma and pain on (the victim)."

Turner met the victim at a party at the Kappa Alpha fraternity. Both were drunk: The woman was so drunk that she does not remember what happened. On the stand, she acknowledged having blacked out on several previous occasions while drinking.

At some point, the two lay down on the ground near a trash bin, where Turner assaulted the woman, who was unconscious when the Swedish students came upon the scene. He was convicted of assault to commit rape of an intoxicated woman, sexually penetrating an intoxicated person with a foreign object, and sexually penetrating an unconscious person with a foreign object.

You don't have to buy Turner's story that he so was drunk himself that he did not realize she had passed out. But it's hard to review this case without concluding that it has roots in a culture of campus drinking, the unindicted co-conspirator here.

And that brings me to my final point. Because of a long history of ignoring sexual assaults on campuses, particularly by athletes, we have become more vigilant about prosecuting them. And that is commendable.

But there is a temptation to see the Turner case as a chance to send a message, rather than to weigh all the messy human elements involved.


Judge Persky should find, in legal terms, that there are "unusual circumstances" here and give Turner a county jail term. His conviction stands as warning enough. We don't need the last pound of flesh.

The op-ed:

Brock Turner's six-month jail term for sexual assault of an intoxicated, unconscious woman on the Stanford campus last year is a setback for the movement to take campus rape seriously.

District Attorney Jeff Rosen's office had argued for a prison term befitting the crime, which was halted by cyclists who happened to be passing by. A jury convicted Turner on three felonies, including assault with intent to commit rape, but the judge bought the defense's portrayal of the swimming star and went easy.

Rosen has taken this case as a clarion call to stem the epidemic of campus sexual assault, which often, but not always, is related to campus drinking. He recently convened representatives from colleges and universities throughout Santa Clara County with the aim of working together, consistently, to meet this societal and cultural challenge.

It was a hopeful beginning. We'll watch for progress. And if Turner's slap on the wrist sentence is a setback, activists can take some comfort that the jurors at the trial in March saw what happened as a very serious crime.
 

Chrissy

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Not a threat? I have a niggling feeling this wasn't Brock's first incident. Just the one that got him caught.

Apparently, he blamed it on alcohol and was oh so very "remorseful" for drinking too much.

I don't buy that it was alcohol that turned him into a rapist.
 

frimble3

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Possible reason the judge thinks this creature is 'not a danger to others': he hasn't raped a male judge. Yet.

On the other hand, let us think about the Swedish students, apparently cycling past, who saw what was happening and stepped in. They could have just shrugged and kept going. Stand-up people who, I hope, have been appropriately praised. Anyone know if Sweden lets student athletes and frat boys get away with rape as a matter of course?
 

DancingMaenid

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Here's the young lady's victim impact statement. It is graphic.

Words otherwise fail me.

https://www.buzzfeed.com/katiejmbak...read-to-her-ra?utm_term=.jpwo404WL#.hqjNBDBPp

Thank you for posting that.

Her story is horrible. But I'm also impressed by how astute and wise she seems. She does such a good job of dismantling the idea that assaults like these are caused by alcohol, and that they "just happen."

It takes a lot of nerve for this guy to claim that drinking impaired his judgment that badly when he clearly knew to run when he was caught.
 

frimble3

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It takes a lot of nerve for this guy to claim that drinking impaired his judgment that badly when he clearly knew to run when he was caught.
Yeah, funny how that happens, like people who claim they have 'no control' over the urge to beat their spouses, but can manage to not hit cops, irritating people on the street, and fellow prisoners.
 

Ravioli

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Despite the face Turner raped an unconscious woman, the judge did not see him as dangerous



What part of RAPING A PERSON equates not a danger to others? :rant:


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Well, as long as people around him lay off the booze, don't wear certain things, don't smile while talking to him, don't accept gifts or drinks from him, don't pass out, and most certainly don't walk around at night in his neighbourhood, there really is no danger, so I don't see the problem.
/sarcasm overdose
Like, boo flippity hoo let's not ruin his life, let's let him get out of this less wounded than the victim who unlike him didn't choose to be in this situation. F*cking hell, no more exceptions, no sob story excuse, no "but she was a whore". You don't accidentally rape someone. You don't slip and get your thing stuck inside someone else. A conscious decision is just that, whether mummy was mean to you or not, whether you suffered similar things as a kid or not, whether you've been rejected and mocked by women or not. As long as you have to get up and walk towards a person and make a coordinated physical effort to restrain and rape them, it's as deliberate as planning and executing a goddamn business plan. I'm so done with the pompom gloves treatment these potential life destroyers receive. Who even pays for the victims' therapy or whatever they need? Because if my trauma isn't my fault, then I want everything I personally deem necessary for coping paid for by the perp or his advocates.

I also really love the "lack of criminal record" bullshit. It's like saying, "He didn't have hamsters until he did, he would never have another hamster tho". Horseshit. Any criminal record starts at some point when the person had no priors. What kind of moronic "thinking" is that? And not having a record doesn't mean not being evil or committing crimes all day long, it just means you haven't been dumb enough to get caught. Who knows how many others he raped who don't feel like being shamed or accused to be liars out for his money if they come forward?

Do away with the mandatory minimum. 20 years supermax with all the nastiest upon convictin and voilà.
 

regdog

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And now we know why that raping piece of shit is the way he is. According to his dear old dad, his son's life is ruined because of
20 minutes of action
behind a dumpster. Yup, that's his Dad defending him. Rape is nothing more than 20 minutes of action.

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Cyia

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There's a really easy way to not ruin your life by raping someone. DON'T RAPE THEM.

Don't, upon approaching an unconscious human person, take the time and effort to expose their body parts, then expose your body parts (more time and effort), then maneuver yourself into a position so as to engage in rapeyness.

It's much simpler and quicker to call 911 for the person on the ground, and then, instead of arrested and potentially life ruined, you get to be a decent human being.

At least the guy's on the registry.