Former Stanford University Student-Athlete gets Away with Lighter Sentence in a Sexual Assault Case

Drinking and driving is a crime but drinking and forcing oneself on a woman aka rape or molestation needn’t be such a severe crime. At least that’s what it seems like for former student-athlete of Stanford University, Brock Turner. A bunch of positive character letters from family and friends in addition to a lack of prior criminal record is all it took to get the so-called rapist (in the eyes of a majority) sentenced to just six months in county jail and three years of probation.

Criminal defense lawyers were paying attention to this case.  

Has America become disillusioned over all these rape allegations that turn out to be not true? We have the Kobe Bryant situation which was basically extortion against Kobe and Kate Faber walked away a millionaire. We have the Duke Lacrosse case where a young woman turned out to be a head case. We have one case after another. Then we have the Jameis Winston case which was probably just another Kobe like situation.  

Turner claims consensual sex to save himself

Tuner was sentenced by Santa Clara County Judge Aaron Persky for sexually assaulting a woman who was lying unconscious and intoxicated outside a fraternity house on Stanford’s campus on Jan. 28^th, 2015. Two graduate students had spotted the All-American swimmer lying on top of the woman who was partially dressed and unresponsive.

Not surprisingly Turner pleaded not guilty in March this year and testified that they engaged in consensual sex. According to criminal defense lawyers following the case, he was found guilty of three felonies by a jury that included intent to commit rape. Turner's California criminal defense lawyer did the best that he could. 

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Victim requests longer prison sentence

Incidentally, the woman, Emily Doe, whose name has not been disclosed for privacy concerns, is now 23 years old and a college graduate although not from Stanford. After Turner’s so-called brutal act, she did not regain consciousness until several hours later at a San Jose hospital. Wow, she must have been really drunk! Does this fall into the picture anywhere?

Do not get drunk if you do not have friends to protect you and who have your back. Certainly if you are a female. 

She could not immediately at the time recall the incident because she drank so much. However, she did make it a point to submit her detailed victim impact statement to Judge Persky. In her statement, Doe requested the judge to send Turner to prison instead of probation for taking away her worth, her privacy, and her confidence.

Ironically Turner, who claimed to be remorseful, apologized for the pain he caused Doe and her family through a statement. If he was full of remorse, why did he decide to appeal against his conviction? That’s a slap on the victim’s face but the moral of this story is: do not get drunk in public and lie around on the ground. Turner should not have been having sex in public, that is for sure.

Criminal defense attorneys observe that Judge Persky believed that probation was the right answer and that incarceration wasn’t an antidote because intense media attention ‘poisoned’ the lives of those involved. Could imprisonment have a severe impact on Turner? The judge believed so when he considered factors such as his lack of criminal record, the character letters, and the role that alcohol played in the assault.

If you are going to get super drunk, you better be have loyal friends around you and ideally one should remain sober. This is more important for females to heed this advice. 

Adding salt to the wound is the fact that Turner’s father claims that his son remained committed to educating others about the dangers of consuming alcohol and being sexually promiscuous. He claims that “20 minutes of action” ruined his son’s life. It certainly did not help!

In a presentencing memo, Turner’s criminal defense lawyer petitioned for a four month county jail sentence and three to five years’ probation because his client was fundamentally a good man from a good family. If so, he would have thought better and not let his animal instincts overpower him the day he had sex with the drunken Doe.

Does the punishment fit the crime? The debate remains open and will so for a long time to come. Is America tired of females trying to extort male athletes? Turner will be registered as a sex offender for life and have to attend a sex-offender management program.

Meanwhile, if you believe you have been wrongfully charged with a crime, make that all important call to a California criminal defense lawyer right away.