Seizing on a nationwide furor over the six-month jail term handed to a former Stanford University swimmer following his conviction for sexual assault on an unconscious woman, California lawmakers on Monday introduced legislation to close a loophole that allowed the sentence.
The bill, known as AB 2888, marks the latest response to the sentence given to 20-year-old Brock Turner by Santa Clara County Superior Court Judge Aaron Persky in June, which was widely condemned as too lenient. Prosecutors had asked that Turner be given six years in state prison.
“Like many people across the nation, I was deeply disturbed by the sentence in the Brock Turner case,” Assemblyman Bill Dodd, one of two California state legislators who introduced the bill, said in a written statement. “Our bill will help ensure that such lax sentencing doesn’t happen again.”
Turner was convicted of assault with intent to commit rape, penetration of an intoxicated person and penetration of an unconscious person in the January 2015 attack. Under California law, those charges are not considered rape because they did not involve penile penetration.
According to the lawmakers, current California law calls for a mandatory prison term in cases of rape or sexual assault where force is used, but not when the victim is unconscious or severely intoxicated and thus unable to resist.
The new legislation, which was introduced in the state assembly on Monday, would eliminate this discretion of a judge to sentence defendants convicted of such crimes to probation, said Ben Golombek, a spokesman for Assemblyman Evan Low, a co-author of the bill.
Golombek said that the effect of the proposed new law, which must still be approved by both houses of the legislature and signed by Governor Jerry Brown, is that Turner would have faced a minimum of three years behind bars.
The uproar over the sentence, fueled in part by the victim’s harrowing letter in which she detailed the assault in graphic terms, comes amid growing outrage over sexual assault on U.S. college campuses. It has also led to efforts to remove Persky from the bench.
(Reporting by Dan Whitcomb; Editing by Alan Crosby)
In extreme crises, conservatism can turn to fascism. Here’s how that might play out
5 movie "Back to the Future," Marty McFly (played by Michael J. Fox) travels in a time machine from the 1980s to the 1950s. When he tells people of the '50s he is from the '80s, he is met with skepticism.
1950s person: Then tell me, future boy, who's President of the United States in 1985?
This article first appeared at Salon.com.Marty McFly: Ronald Reagan.
1950s person: Ronald Reagan? The actor? [chuckles in disbelief] Then who's vice president? Jerry Lewis [comedian]?
Who are the young people behind the Catalonia protest violence?
The violent protests that have swept Catalonia over the jailing of nine separatist leaders have involved veteran anarchists and youthful troublemakers as well as outraged separatists, some of whom became radicalised only recently.
"I am 24, have a masters and a job and I never imagined myself setting fire to a barricade with my face masked," said one protester who gave her name only as Aida.
She has joined in protests every day since they erupted in the region after Spain's Supreme Court on Monday sentenced nine Catalan separatist leaders to up to 13 years in jail for sedition over a failed 2017 independence bid.
Body language expert dissects the power dynamic at play in the iconic Nancy Pelosi photo
Last week, President Donald Trump met with Democrats at the White House to discuss the way both sides could work to fix the President's mistakes in Syria. Democrats left the White House saying that the President had another meltdown during the meeting, which prompted Trump to claim Speaker Nancy Pelosi (D-CA) was the one who had a meltdown. He then posted photos of Pelosi sitting quietly and another photo of Pelosi standing and pointing at him.
Body language expert Dr. Jack Brown posted the photo and gave his own analysis of what he believed was happening in the photo.
"When a person has little or no empathy — and/or when they're far from their emotional baseline, their ability to interpret how others will view an event becomes dramatically distorted," Brown explained Sunday. "Rarely has this behavioral axiom been better exemplified than last Wednesday at the White House."