California Court Rejects Brock Turner's 'Outercourse' Argument
UPDATE (AUGUST 10, 2018):
A California court has denied the appeal of convicted rapist Brock Turner.
They ruled that there was “substantial evidence” to indicate that Turner received a fair trial in 2016, when he was convicted of attempting to rape an unconscious woman behind a dumpster at a fraternity party.
The three judges on California’s 6th District Court of Appeal denied the appeal and disagreed that errors had occurred in the trial.
“He did not explain or defend himself to them,” said Judge Franklin Elia, who wrote the unanimous decision for the panel. “And he lied to police about running.”
His attorney made the argument that the fact that Turner was wearing clothing when police arrived, indicated he had not intended to rape his victim. The lawyer described the act as “sexual outercourse.”
A jury had found Turner guilty of assault with an intent to commit rape, as well as two counts related to using a foreign object to penetrate a person while intoxicated or unconscious.
The case made international headlines when the trial judge, Aaron Persky, gave Turner a shockingly short six-month sentence – of which Turner served just three months. Persky was recalled as a judge in June 2018.
After losing the appeal, Turner will remain on the sex offenders’ register for life.
Read more: Fortune
SAN JOSE, CA — A lawyer for convicted rapist Brock Turner argued this week that his client’s conviction should be overturned because he was practicing “sexual outercourse.”
The lawyer stated to appellate justices in San Jose, California, that the fact that his client was wearing clothes apparently indicated that Turner intended to practice a form of “safe sex.” The lawyer, Eric Malthaup, cited witness accounts that Turner was “violently thrusting but fully clothed” when two Swedish graduate students found him on top of a half-naked, intoxicated, and unconscious woman who was on the ground behind a dumpster.
But the three justices on the panel did not appear to buy the argument, according to the Dayton Daily News. “I absolutely don’t understand what you are talking about,” Justice Franklin D. Elia told Malthaup.
The panel has 90 days to issue a ruling.
Turner’s attorney launched the appeal in hopes of erasing Turner’s status as a lifetime Tier III sex offender in the state of Ohio, according to the Dayton Daily News. But California Assistant Attorney General Alisha Carlile argued that Multhaup had presented a “far-fetched version of events” that didn’t support the facts of the case.
Turner did not attend the appeals court session in California, the newspaper reported. But his parents reportedly submitted separate objections to his sex offender status.
“Brock will have to register at the highest tier, which means he is on the same level as a pedophile/child molester,” his mother, Carleen Turner, wrote. His father, Dan Turner, added that the requirement that his son register as a sex offender “forever alters where he can live, visit, work, and how he will be able to interact with people and organizations.”
In 2016, Turner was found guilty of assault with intent to commit rape of an intoxicated or unconscious person, penetration of an intoxicated person, and penetration of an unconscious person. But he received only a six-month sentence — and was released after serving just three months.
The case caused international outrage and ignited the debate about sexual assaults on campus.
In June 2018, Santa Clara County voters recalled Judge Aaron Persky, who gave Turner the surprisingly lenient sentence.