Stanford Rapist Brock Turner Is Trying To Have His Conviction Overturned

Marsha Scott
December 4, 2017

Brock Turner, the previous Stanford swimmer who touched off a firestorm of contention in the wake of accepting what many idea was a light sentence for rape, is engaging his conviction.

The case reignited the debate around sexual assault on campus in the U.S., especially as a number of Turner's family and friends came forward to defend him and were accused of victim-blaming in the process.

Turner was found guilty in March 2016 on three counts: assault with intent to commit rape of an intoxicated or unconscious person, penetration of an intoxicated person and penetration of an unconscious person.

Key to Turner's request for a new trial is a statement the prosecutor repeatedly made during trial, saying the assault occurred "behind the dumpster".

In a Friday filing obtained by the San Jose Mercury News, Turner's lawyers said his 2016 conviction is premised on "a detailed and lengthy set of lies", and asked for a new trial.

The assault, Turner's lawyers argue, did not occur "behind the dumpster".

The defense instead argues that the sexual assault happened in a "completely open setting", CNN reports. Lawyers say this inaccuracy amounted to prosecutorial misconduct.

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"What we are saying that what happened is not a crime", John Tompkins, Turner's legal adviser, told NBC. They further state that they do not believe what happened was a crime.

Turner ended up serving only three months of his sentence in a county jail thanks to good behaviour, having avoiding up to 14 years in a state prison after California judge Aaron Persky handed down the lenient sentence.

"Brock Turner received a fair trial and was justly convicted", Santa Clara County District Attorney Jeff Rosen said late Friday.

In the appeal, Turner's legal team claims they were at a disadvantage on three fronts: The jury did not get a lot of evidence that represented Turner's character; The jury was not allowed to consider a lesser offense; The jury was subjected to "extensive "behind-the-dumpster" propaganda". "His conviction will be upheld".

You can read her full statement here, as reported by BuzzFeed.

If the Sixth District Court of Appeal grants Turner's request to reverse his convictions, the case would be retried in Santa Clara County and overseen by a judge other than Persky. "Nothing can ever roll back Emily Doe's legacy of raising the world's awareness about sexual assault".

Other reports by MaliBehiribAe

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