Brock Turner’s Light Sentence Spurs Legislation to Mandate Prison Time

Brock Turner, 21, convicted on three counts of sexual assault, was released from the Santa Clara County Jail today after serving three months of his six-month sentence. He will return to his home state of Ohio to begin serving his mandated probation.

Update Sept. 11 2016: Brock Turner Rape Bills May Not Be Decided Until October

Turner left jail under the cover of darkness and increased security at the jail to prevent any potential violence. Judge Aaron Persky’s judicial discretion where he chose to follow the Santa Clara County probation department’s recommendation of a six-month sentence for the convicted Turner rather than something closer to the prosecution’s recommendation of six years in prison created such a public outcry that law enforcement took the necessary precautions to avoid any confrontations during Turner’s release. Turner will serve a three-year probation term and must register as a sexual offender for the remainder of his life.

Under current California law, many of those convicted of crimes are mandated to serve only half of their sentence as long as they follow the rules while incarcerated. Turner is not alone in being free after serving half his pronounced sentence, but his sentence was not the norm for a triple sexual assault conviction.

Too Late For Turner and the Survivor of His Assaults, California Legislation Inspired by the Case May Bring More Justice in the Future

The California legislature has been at work to craft legislation both to update the state’s definition of rape and add mandatory minimum sentencing limits for those convicted of raping an unconscious person.

Turner’s sexual assaults on the unconscious young woman behind a trash dumpster could not be charged as rape because although Turner penetrated the woman with his fingers, there was no penile penetration as determined by DNA testing. California statutes define rape as penile penetration only. Legislation AB701, passed by the California legislature, seeks to update that state’s definition of rape to bring it more in keeping with that of other states and the FBI, where rape is defined as any non-consensual sexual penetration with a body part or object.

The other piece of pertinent legislation is AB2888 that seeks to institute a mandatory minimum sentencing limit of three years in prison for anyone convicted of raping an unconscious person, the same mandatory sentence minimum currently in place for someone convicted of raping a conscious person.

Both of these bills have been approved by the Assembly and the Senate and are awaiting consideration by California Governor Jerry Brown.

Share with your friends

Follow Us

Enter your email address to get updated when we have new posts on the site and never miss a thing:

Delivered by FeedBurner

One Response

  1. Lin Jenkinson

Leave a Reply

Your email address will not be published. Required fields are marked *