Brock Turner, Former Stanford Swimmer Convicted Of Sexual Assault, Files Appeal

Brock Turner

Brock Turner, 22, was convicted in March a year ago of sexually assaulting the woman after they drank heavily at a fraternity party at the university campus in California in January 2015.

His sentence sparked global outrage after he was charged with only six months' jail time for sexual assault, before being released after only serving half his sentence.

Turner's trial was thrown into the national spotlight after the victim's wrenching impact statement went viral, then again when Superior Court Judge Aaron Persky gave Turner to a six-month jail sentence, prompting an outcry from critics who said the punishment was too lenient.

The former Stanford University swimmer was arrested in 2015, aged 19, after he was seen on top of an unconscious woman outside a fraternity house during party.

Santa Clara County District Attorney Jeff Rosen said Friday that he's confident that Turner's conviction will be upheld. Indeed, the victim was found in a "completely open setting", the appeal states, adding that the implication that the crime occurred "behind the dumpster" prejudiced the jury against Turner. "Nothing can ever roll back Emily Doe's legacy of raising the world's awareness about sexual assault".

The prejudicial aspects of this "behind-the-dumpster" characterization were two-fold: (1) it implied an intent on the appellant's part to shield and sequester his activities with Ms. Doe from the view of others; and (2) it implied moral depravity, callousness and culpability on the appellant's part because of the inherent connotations of filth, garbage, detritus and criminal activity frequently generally associated with dumpsters.

Brock Turner
Turner’s appeal hinges on the prosecutor’s “behind the dumpster” statement

They are requesting a new trial in hopes of overturning his convictions, which require him to become a permanently registered sex offender. The brief states the graduate students approached the site from the basketball court, meaning Doe and Turner were not obscured.

In sum, the appeal is based on claims of prosecutorial misconduct and violations of due process.

But in Turner's case, she thinks this is just a wasted attempt to retry the evidence.

According to The Mercury News, the Sixth District Court of Appeal rejected Persky's request, giving the campaign until January 16 to collect more than 58,000 signatures to have the initiative placed on the ballot.

Prosecutors had asked for a six-year prison sentence.



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