Remember that Stanford swimmer who was sentenced to six months after sexually assaulting an unconscious woman behind a dumpster? He is scheduled to be released September 2, after just three months in Santa Clara County jail. Brock Turner got out early for good behavior.
Turner was convicted of "assault with intent to commit rape of an intoxicated woman, sexually penetrating an intoxicated person with a foreign object, and sexually penetrating an unconscious person with a foreign object." The maximum sentence for these charges is 14 years. Except in cases with unusual circumstances, there is a two-year minimum sentence for each of these charges, so the prosecutor recommended six years. Judge Aaron Persky sentenced him to six months (in a county jail, not prison) followed by three years of probation. Persky said a prison sentence would have a "severe impact" on Turner and he would face "adverse collateral consequences." God forbid an affluent white man with the potential to be an Olympic athlete be severely impacted by the adverse consequences of sexually assaulting an unconscious woman. She'll be haunted by him the rest of her life, but he shouldn't have to be burdened by it. After his probation, the only burden Turner will carry is mandatory registration as a sex offender.
In the aftermath of Turner's sentencing, there have been demands from the public that Judge Persky be recalled, not just for this case, but for past cases as well. Persky has decided to stop presiding over criminal cases and return to civil cases. While public pressure may have been a contributing factor, it is uncertain what caused him to make the decision.
Currently, California requires mandatory prison sentences for rape charges using additional force. On Monday, the California state Assembly passed legislation requiring the same mandatory sentence for sexual assault of an unconscious or intoxicated person who is unable to give consent. Bill AB 2888 awaits approval from Governor Jerry Brown after passing unanimously. There is some concern over the bill, as mandatory minimum sentencing disproportionately affects minorities and leads to large prison populations.
