The Brock Turner Trial: How The Justice System Failed The Real Victim Here | The Odyssey Online
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Politics and Activism

The Brock Turner Trial: How The Justice System Failed The Real Victim Here

The punishment doesn't fit the crime.

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The Brock Turner Trial: How The Justice System Failed The Real Victim Here
stanforddaily.com

Many have heard the story over the past few days of how Stanford University swimmer Brock Turner has only been sentenced to 6 months in prison for the rape of a drunken and unconscious woman at a fraternity house. The judge, Judge Aaron Persky, handed down the sentence saying that he believes that Turner is not a danger to others and that jail time would take a severe psychological toll on him.

Judge Persky has also stated that Turner could be released in 3 months on good behavior.

Many have called for the resignation of Judge Persky through a Change.org petition, and rightly so. By handing down such a lenient sentence, Persky has, according to this petition, "failed to see that the fact that Brock Turner is a white male star athlete at a prestigious university does not entitle him to leniency. He also failed to send the message that sexual assault is against the law regardless of social class, race, gender or other factors."

While there are several Change.org petitions out there that are gaining great support calling for the removal of Judge Aaron Persky, this won't actually get him removed. In a recent interview with DemocracyNow!, Stanford Law professor Michele Landis Dauber talks about how a group of democratic and progressive women have come together to create an actual recall campaign, RecallAaronPersky.com, where people can sign up for information updates or donate to the effort. They will be collecting signatures, getting this on the ballot and working to replace him with someone who understands violence against women. In this interview, Dauber also stated that Turner was found guilty of 3 felony sex crimes by a jury, which, in the state of California, has a required 2-year minimum prison sentence. The reason behind the judge's verdict, according to CNN.com, was that Turner's age and lack of criminal history made him feel that imposing a six-month jail sentence with probation was appropriate. Turner also has to register as a sex offender. "A prison sentence would have a severe impact on him," Persky said. "I think he will not be a danger to others."

This case is not Persky's 1st controversial sexual assault trial. According to an article published by New York Magazine, in 2007, a 17-year-old girl alleged that she was gang-raped by at least nine members of the De Anza College basketball team at a house party while she was severely intoxicated. Three soccer players discovered the rape in progress and broke it up; they said they discovered her unconscious and covered in vomit, and called it “clearly not consensual.” The District Attorney opted not to move forward with the case at the time, but in 2011, the case was brought to civil trial and the victim sued for $7.5 million in damages. Judge Persky presided, and, according to a Mercury News court report from the trial, one of his evidentiary rulings was as follows:

Judge Aaron Persky ruled before lunch that Knopf can show the jury seven photos of the woman, whom the court is calling Jane Doe, partying about a year or so after the alleged gang rape. In the photos, she is scantily clad, wearing a garter belt and what appear to be fishnet stockings.

In one picture, a boy appears to be straddling her as she lies on a bed in what looks like a dorm room. Everyone in the photos is smiling and playing around, enjoying themselves. [Defendant Christopher] Knopf's lawyer says the photos are a "direct contradiction" of plaintiff's claim that she is socially isolated and socially reticent.

In this case, the judge once again broke the law. For sexual assault trials, there is a law in place called a "Rape Shield Law," also known as Section 41 of the Youth Justice and Criminal Evidence Act of 1999, which prevents the introduction of the victim's sexual history or the introduction of evidence that does not pertain to the case at hand. Therefore, Judge Persky once again failed to abide by the law.

Something that many may not know about this judge is that he is a former student athlete from Stanford, and many of his critics believe that because of Brock Turner's background as a student athlete, that may have helped in swaying the judge's decision. Judge Persky also allowed friends and family of Brock Turner to write letters as character witnesses to him about how they believe he should be sentenced and what an upstanding citizen he is.

In his letter to the judge, Brock's father, Dan Turner stated, "A long sentence would be a steep price to pay for 20 minutes of action out of his 20 years of life." While Dan Turner later clarified that he meant the time period in which the assault occurred, that doesn't change the impact of his words. Mr. Turner is basically implying that just because his son committed a horrible act, he shouldn't be punished because he's always been a good kid.

I would like to clarify something: Brock Turner is in no way, shape, or form, the victim in this case. He is the perpetrator. He committed a heinous crime and deserves to be punished accordingly. He admitted to violating this victim's body by inserting his fingers into her vagina and removing her underwear, but blames alcohol for his actions.

Here is the unmistakable and undeniable truth about every rapist: you can be a good person all your life up until the point you decide to rape someone, but once you commit that crime, you are no longer that person. YOU ARE A RAPIST. You have violated another human being for your own pleasure. You have taken away their voice and their choice about who they allow to access their body. You didn't have consent. Even if the answer had originally been yes, but the person changed their mind, YOU STOP. The second you decide not to listen is the second you become a rapist.

Rape is not a learning experience or a trial-by-error crime. Most colleges and universities would like to brush such crimes as sexual assaults under the rug because it brings bad publicity to their universities and could cause drops in applications. This is a point that is brought home heavily in the brilliant and eye-opening film The Hunting Ground. This movie brings to light the number of sexual assaults on college campuses, and how poorly many major universities handle these crimes, as well as how these schools are violating Title IX laws and policies, which help prevent against sex discrimination. If you would like to learn more about this film, please check out the website. To learn more about Title IX, click here.

As the victim in this case stated, "The seriousness of rape has to be communicated clearly; we should not create a culture that suggests we learn that rape is wrong through trial and error. The consequences of sexual assault needs to be severe enough that people feel enough fear to exercise good judgment even if they are drunk, severe enough to be preventative." We need to create better laws that would make people see that rape is never an option.

We teach today's youth how to protect themselves against rape or assault, but we do not educate on how not to rape. We need to provide better education on what consent is. In this case, Brock Turner stated that because the victim rubbed his back, he thought she was okay with what he was doing. When engaging in any form of intimacy with another human being, unless they say "Yes," it's not consensual, and the consent needs to be verbal consent. One of the best ways education on consent has been presented recently is through a video known as "Tea Consent." This video compares giving consent to giving someone a cup of tea, and it is a very easy video to understand and follow. Please take the time to watch it from the link here.

Because the checks and balances that are in our justice system failed to uphold themselves in this case, along with Judge Persky's alleged biases, the justice system failed the most important person in this case: the victim. She deserves justice for what was done to her and justice was not served here. She is worth more and is so much more than just "20 minutes of action." She is a HUMAN BEING, and by Persky handing down such a light sentence, he is basically telling victims not to report their assaults, and if they do, they will be shown that they aren't worth as much as their rapist.

To the victims of sexual assault out there who are discouraged by these events and are afraid to report: While what happened in this case is discouraging and hurtful, please don't let it deter you from seeking justice for yourself. You are worth so much more than the crime that was committed against you. You deserve justice for what was done to you, and I implore you to believe that there are people out there who will help you and believe you. Even though I may not know you, know that I will believe you and I want to help you, as do so many others. I'm sorry for all that you've suffered, and I hope that some day, you can find peace and love again and know that YOU ARE NOT ALONE.

To Brock Turner's victim: I applaud you. Thank you for standing up and speaking out about what has happened to you. I also applaud you for keeping your identity anonymous so the focus would be on your rapist and the crime of rape in general. I want to tell you that I'm sorry, even though I am sure you have heard many people tell that to you many times now. I'm sorry you have had do endure this. You are an amazingly strong woman for all that you have done and I hope that one day, you too will be able to find your purpose and worth in life again. You deserve nothing but the best in life and I hope you find it.

To Brock Turner: What you have done is heinous, and I hope that one day, you have the brains to see that what you did isn't excusable just because you were under the influence. You deserve a much harsher punishment than what you got. You have also admitted that you violated someone. How do you not understand that what you did is considered rape? You took away a woman's hope, joy, life, and freedom, all because you wanted to get laid. No matter how good of a person you were before this, I hope you realize that what you've done now has changed the perception people have of you. Your inability to sleep and eat steak is deserved, and the fact that you can't sleep properly or eat is only a fraction of the disruption you caused when you did what you did to that young woman.

To Judge Aaron Persky: I hope with every fiber of my being that you are removed from the bench for failing not only once, but twice, to help the real victim because of evidence you allowed to be introduced and opinions you allowed in that overshadowed that truth. You have failed in your duties. You didn't protect the people who really needed your protection. You don't deserve to be holding your position when you can't do your job correctly.

I hope that when you read this article, it inspires you to help bring awareness to a major issue in this country, and if you are a victim, I hope it helps you to find hope and strength, not only from what Brock Turner's victim has done, but from knowing that there are people out there who care and will listen to you and help you.

If you or someone you know has been assaulted and needs to report their assault, but doesn't know where to start, please call the hotline listed below. They will help you find a local health facility, have someone help you talk through what happened, help you find local resources to assist in your recovery and healing, as well as information about the laws in your area.

National Sexual Assault Telephone Hotline: Need help? Call 800-656-HOPE (4673) to be connected with a trained staff member from a sexual assault service provider in your area.

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