Published: Sat, July 28, 2018
Global News | By Stacy Ballard

Attorney argues Brock Turner's sexual assault conviction should be overturned

Attorney argues Brock Turner's sexual assault conviction should be overturned

A court ultimately convicted Turner of assault with intent to commit rape, sexual penetration of an intoxicated person with a foreign object and sexual penetration of an unconscious person with a foreign object.

Although prosecutors had sought a six-year term, Turner was sentenced to six months and released after serving only three.

A lawyer for Brock Turner has argued his 2016 conviction for sexual assault should be overturned as the former Stanford University swimmer merely wanted "outercourse" and not intercourse with his victim, according to reports.

The appellate court is expected to make its decision within 90 days.

The case led to the recalling of Santa Clara County Judge Aaron Persky, who issued the lenient sentence. He filed a second brief in May, arguing Turner was convicted on constitutionally insufficient evidence and deprived of due process and a fair trial.

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Alaleh Kianerci, the district attorney who successfully prosecuted Turner's case, was present for Tuesday's hearing.

Across Twitter, critics of Turner's lawyer's new defense are baffled, wondering how such as justification as "he didn't mean to" is supposed to obliterate a rape charge.

Under state law, Turner is required to register as a sex offender for the rest of his life and faces three years of supervised probation.

If the appeals court judges decide the victim was not unconscious during the time of the encounter, as Turner maintained, they might be more sympathetic to granting a new trial.

Multhaup described "outercourse" as an activity that does not involve vaginal sex and as a "version of safe sex". So Turner having non-penetrative sex with someone who still couldn't consent because she was intoxicated?

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The attorney said there was no intent on Turner's part to rape Emily Doe.

The justices, too, were confused, telling Multhaup that they didn't understand what he was talking about, and asking if he meant that the jury made "unreasonable inferences".

He added that the law requires "the jury verdict to be honoured", and that they, as justices were "not in a position" to tell the jury "You should have gone a different way".

Deputy Attorney General Alisha Carlile argued that there had been "ample" evidence for the convictions.

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