Brock Turner Convicted of Rape in California

The coverage of Brock Turner, convicted rapist and registered sex offender, has brought out nearly every idiosyncrasy of reporting sexual assault crimes. Initial coverage of this unspeakable crime was, to say the least, surprisingly flattering for the felon. News articles used Turner’s swim photos to identify him in articles. Details about his university were discussed, as Turner attended the elite Stanford University. He was described as “an all-American swimmer.” The unquestionable damage to his bright and promising future was reported with an ironic anguish – almost as if Turner’s rape of an innocent woman made him the victim instead of her.

This repetitive narrative is appallingly repeated in the media and believed by public commentators. The real victim, too often a woman, is too often dismissed as a slut who was asking for it while the man, the rapist, deserves sympathy. This phenomenon, feeling empathy for a rapist despite the horrific crime committed, is seemingly so pervasive there’s a title for it: rape apology.

As one might suspect, rape apologist arguments suggest that the rape was excusable in some way or not that big of a deal. In Turner’s case, both Turner and his father blame it on the alcohol. In recently released documents by The Superior Court of California, Turner argues in his Defense Memo that he is a “good young man . . . who made bad choices during his time at Stanford . . . especially related to alcohol, and the 20 minutes or so” during the rape. Unsurprisingly, this language mirrors the sentiments of his father, as if the justification for raping someone after drinking too much runs in the family.

In his letter to the Judge Aaron Persky prior to sentencing, Turner admits his mistake was getting too drunk and references the binge drinking culture and sexual promiscuity that caused him to rape an unconscious victim. He confesses, that he made a mistake and he made some poor decisions that night. In one particularly disgraceful and condemned letter, Turner’s father complained Turner was no longer excited to eat steak or pretzels. He complained that his son’s life would never be the same because of 20 minutes of action that he essentially did to this girl.

Unfortunately, this theme is nothing new. Rape apology is common whether it is slut-shaming the victim or downplaying rape as “boys will be boys.” Normally, the media engages in the shaming and moves on to the next juicy headline. But, not this time. In the Turner case, the rape victim got the media, and America, to turn on their heads and actually see Turner for what he is: a privileged, spoiled rapist who has done nothing but try to pass blame off on anyone but himself. The victim composed a powerful letter excruciatingly detailing the severe impact Turner’s rape had on her life. The victim was able to put an unspeakable betrayal of her body into formidable words anyone could connect with.

Between the victim’s letter, and the unusually light six-month sentence the judge gave Turner, the spark of outrage rapidly caught fire. While the prosecutors asked for a six-year sentence, Persky sentenced Turner to six-months in jail and probation. As a former Stanford graduate himself, the light sentence ignited the appearance of an entitled, rich, white boys club where everyone looks out for one another. An online petition at Change.org urging Persky to be recalled states that judge Persky did something wrong here and that they no longer want him to be a judge. There has been no political response yet to the letter.

The indignation at this idea that Turner was merely a victim of being drunk and thus not a real rapist is deserved. Especially when one looks at the media portrayal, trial, and sentencing of accused rapists who are not white, rich, or privileged.

The media tried to not use the term rape when talking about the Brock Turner case. They commonly used the term sexual assault instead, it seems like they thought it fit well with his sentence. While media also refused to use Turner’s mug shot as the picture accompanying his coverage, the mugs shots of Prince Riesaun Perkins was prominently placed under the headline, but before any text can be read. While the media spent inches of column space describing Turners amazing fall from grace and describing his wildly successful life, education, and swimming career, there are no details of who Perkins is, where he comes from, or what is special about his life. Most importantly, while Turner got off with barely a scratch, Perkins was sentenced to three life terms. Turner has to spend 182 days in jail, some of which will be forgiven for good behavior, while Perkins will spend the rough equivalent of 71,175 days in prison, assuming the average life span is 65 years old. Not to belabor the point, Turner’s sentence is 2.5% of Perkins’. Disturbingly, this is not the first or the most egregious example of this double standard.

Perhaps the most frustrating aspect of this Turner-Rape circus is that the message regarding sexual assault and rape culture on our campuses is not being advanced. One of the jurors who convicted Turner spoke out after the Judge’s sentencing and basically said that they hope that this puts an end to campus violence but that is not at all what is getting in the spotlight. People are outraged by this verdict and they are spending more time trying to get this judge out than dealing with the real issues here.

Rape Defense Lawyer in San Diego

Rape in California is governed by California Penal Code 261. Its elements include:

• One must have sexually penetrated another
• It must have been done with force
• It must have been done without consent

There are also several other penal codes surrounding rape including statutory rape, digital penetration and oral penetration. All of these are sex crimes that run very close to the elements of the rape statute.

If you have been charged with a crime, especially rape, this is one of the most serious crimes that a defense attorney has to defend. The stakes are very high and if convicted you will be guaranteed to have to register for life as a sex offender. We have handled these cases and gotten similar results as the Brock Turner case. Some people may think it is wrong but our clients are the only ones we care about. If we believe they are innocent, or we believe they are a good person who has a bright future, we will fight for them until the very end.

Often times in cases like this there are false accusations made against the alleged rapist. One party may sleep with the other party drunk and then the next day they realize that they cheated on their spouse and claim what we like to call buyer’s remorse. They now regret their decision and think that the only way to get out of it, to get out of the blame is by claiming that the sex was not consensual.

At Ozols Law Firm we have dealt with all types of sexual assault cases and have been victorious in many. Just recently we had a rape allegation against one of our clients. The woman claimed that the two were dating but that the man raped her and was very violent with her. After weeks of investigation we were able to discover text messages between the two before the alleged incident where the woman consistently asked over and over again if she could have rough sex. Our client refused but eventually gave in. It seems like the whole thing was a plot for the women to get him in trouble. We talked with the detectives and the case was dismissed.

Hire someone in your corner with experience that knows about these types of cases and that can give you the defense you deserve.

Ozols Law Firm
8880 Rio San Diego Dr. #22,
San Diego, CA, 92108
619 288 8357