Brock Turner Seeks to Overturn Rape Convictions Based on Absurd Argument

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Brock Turner is seeking to overturn his rape convictions based on a rather absurd argument: his clothing. Turner’s attorney recently presented this unusual defense before a panel of judges, claiming that because he was fully dressed during the assault, he was merely engaging in “outercourse,” not intending to commit rape.

Turner, who was convicted in 2016 of three felony charges—assault with intent to commit rape of an intoxicated or unconscious person, penetration of an intoxicated person, and penetration of an unconscious person—received a mere six-month sentence. He served only three months in county jail, despite facing up to 14 years in state prison. The judge at the time, Aaron Persky, infamously stated that a longer sentence would have a “severe impact” on Turner’s life. This decision led to Persky being recalled by California voters, and Turner quickly became emblematic of the pervasive issues within rape culture.

Turner’s Legal Team’s Argument

Now, Turner’s legal team is attempting to argue that his attire at the time of the assault is relevant to the convictions. They contend that since he was fully clothed while he assaulted his victim—who was unconscious and partially undressed—this somehow implies he wasn’t intending to commit rape. This justification seems particularly ludicrous when considering the facts: Turner had removed his victim’s underwear before penetrating her, an action he admitted to during police questioning.

The Assault

The assault took place in January 2015, when two students on bicycles spotted a 19-year-old Turner thrusting himself against an unconscious woman behind a dumpster on Stanford’s campus. When the students intervened, Turner attempted to flee but was restrained until police arrived. One of the witnesses was so traumatized by the scene that he struggled to speak during the police interviews.

The Survivor’s Experience

The survivor later described her harrowing experience in a victim impact statement, recounting her disorientation upon waking in a hospital bed, only to realize her underwear was missing. She vividly remembered the shocking emptiness when she reached for it, highlighting the profound violation she endured.

Turner’s Lack of Remorse

Throughout this ordeal, Turner has never expressed remorse for the assault itself, only for his drinking habits. His father’s letter to the judge during sentencing lamented the loss of his son’s enjoyment of steak dinners, showcasing a grossly misplaced sense of sympathy.

Offensive Narratives

This case has been riddled with offensive narratives—from the focus on the survivor’s alcohol consumption to the portrayal of Turner as a “star swimmer.” The first appeal argued that mentioning the location of the crime—behind a dumpster—unfairly biased the jury against him.

A Call for Justice

Three months for three felony charges is an insult to justice. The world needs to recognize the gravity of these actions and the impact on survivors. Women have the right to attend parties, have a drink, and expect to return home safely without facing violence. The very idea that Turner can still fight his convictions is infuriating and shows just how deeply entrenched rape culture is in our society.

Further Reading

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Conclusion

In summary, Brock Turner’s appeal based on his clothing during the assault not only trivializes the severity of his actions but also reflects a disturbing reality in our justice system. It is critical to continue advocating for survivors and demanding accountability.