Remember Brock Turner? He's Trying To Get His Rape Conviction Overturned

Cesar Mills
December 4, 2017

The "Stanford University swimmer", as he became widely known, received national outrage when Judge Aaron Persky sentenced him to just six months in jail out of fear that harsher punishment would have a "severe impact" on him.

The woman Turner was convicted of sexually assaulting was found near a garbage enclosure but not behind a trash bin, according to the appeal.

As well as focusing on the victim's alcohol intake, the key to Turner's request for a new trial is the statement the prosecutor was said to have made repeatedly during the trial, saying the assault occurred "behind the dumpster".

As Rolling Stone details, the element of the appeal centering on the assault taking place behind a dumpster argues that the description suggests Turner was trying to hide his activities.

On Friday, Turner's lawyers filed an appeal with California's 6th District Court of Appeal, claiming their client's 2016 trial was "fundamentally unfair", according to CNN. "His conviction will be upheld".

In addition, the brief argues that Turner was deprived of due process and a fair trial by the prosecution's "failure to present constitutionally sufficient evidence as to any of the three counts of conviction" and by Persky's "failure to adequately respond to a critical jury question during deliberations". "Nothing can ever roll back (the victim's) legacy of raising the world's awareness about sexual assault".

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Turner's victim, identified as "Emily Doe", made a powerful statement at his sentencing that drew global attention and went viral. Jerry Brown past year that added mandatory-minimum prison sentences for sexual assaults and expanded the definition of rape to include digital penetration would not apply because they were not in effect when the crime occurred.

Turner was released after three months in prison.

The former Stanford University swimmer was arrested in 2015, aged 19, after he was seen on top of an unconscious woman outside a fraternity house during party.

Stanford law professor Michele Dauber, who is on a committee to recall the judge who sentenced Turner, said it's common for people to appeal.

His victim told the court that she had woken up hours after the attack with dried blood on her hands and no memory of meeting Turner or being taken to hospital.

Other reports by GizPress

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