BREAKING: A California court rejected Brock Turner’s request for a new trial. Turner was sentenced to 6 months in jail (but released after 3) for sexually assaulting an unconscious woman on Stanford's campus. pic.twitter.com/e3BhzAJy9W— AJ+ (@ajplus) August 8, 2018
A California appeals court rejected convicted sex offender Brock Turner’s appeal to a new trial.
The former Stanford swimmer was convicted of sexually assaulting an intoxicated and unconscious woman in 2016.
The three-judge panel of the 6th District Court of Appeal in San Jose ruled there was “substantial evidence” to support Turner’s conviction and a fair trial; therefore, his appeal for a new trial was tossed.
Turner was convicted of sexually assaulting an intoxicated victim, sexually assaulting an unconscious victim and attempting to rape her.
Judge Franklin Elia also noted during her ruling that Turner ran away from two students while he was sexually assaulting the victim, who testified the woman appeared unconscious when they saw her with Turner.
The former Stanford swimmer ran from the students, who chased him and kept him down until the police arrived. He then lied to the police about running.
"He did not explain or defend himself to them," Elia wrote. "And he lied to police about running."
Turner could petition the California Supreme Court to review his conviction, till then he has to register as a sex offender for life.
Brock Turner is appealing his sexual assault conviction. He was sentenced to 6 months in jail for raping a woman while she was unconscious. His lawyer says the ruling should be overturned because he had his clothes on.— AJ+ (@ajplus) July 25, 2018
Here’s a look back at the case:pic.twitter.com/OgUKYrqSld
A California appeals court will hear an argument to overturn the conviction of Brock Turner, the Stanford University swimmer convicted of sexually assaulting an intoxicated woman.
It has 90 days to reach a verdict.
According to Brock’s attorneys, the judges should consider whether sexual “outercourse” should be considered in the case.
On Tuesday, attorney Eric Multhaup argued before the three-judge panel that when Turner was a college freshman in 2015, he was found wearing all his clothes while with the victim. Additionally, while the victim was unconscious and half-naked, his genitals weren’t exposed.
Multhaup then went on to argue that what Brock had done was “sexual outercourse,” calling it a “version of safe sex” that does not involve vaginal sex. He added that his client did not intend to rape the woman.
After listening to his arguments, the judges sounded skeptical. Justice Franklin Elia expressed confusion as to what kind of argument Multhaup was trying to make.
"I absolutely don't understand what you are talking about," Elia said.
Assistant Attorney General Alisha Carlile called Multhaup’s account a “far-fetched version of events.”
But according to legal analyst and defense attorney Dean Johnson, Multhaup was trying to make the case that since Turner had his clothes on, there was no evidence to support he was guilty of assault with intent to commit rape. Still, Johnson said the Sixth District court has a reputation of not going against guilty verdicts.
"Intent is something that can be determined by surrounding circumstances," Johnson said. "It's like if you look across the street and see your neighbor pull out a lawn mower and start it up, you can presume his intent is to mow the lawn."
Despite attorney arguments, the case launched a nationwide conversation about sexual assault on college campuses, and it’s hard to see the impact the case made on how society views sexual violence diminish.
The fact of the matter is that the victim was unconscious, and she stated she never consented to being touched. It’s hard to believe the judges would see it differently now, regardless of how the attorneys present their case.