Ex-Stanford Swimmer Appeals Sexual Assault Conviction

Brock Turner leaves the Santa Clara County Jail Sept. 2 2016 n San Jose Calif. Turner was released after serving three months of his six-month sentence for the January 2015 sexual assault of an unconscious woman

California Superior Court Judge Aaron Persky is now fighting a recall effort being led by activists outraged by the six-month sentence.

Turner was eventually convicted of three felony sexual assault charges, including assault with intent to commit rape of an intoxicated woman and sexually penetrating an unconscious person with a foreign object, and faced a maximum of 10 years behind bars.

Mr Multhaup argued a prosecutor in the trial incorrectly told jurors the sexual assault occurred behind a rubbish skip, or 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.

The appeal, which was filed Friday, claims that Turner was deprived of due process and alleges prosecutorial misconduct as reasons he should receive a new trial, The Mercury News reported. "His conviction will be upheld".

Border Patrol displays the rolls of seized Mexican bologna.
U.S. Customs and Border Protection
Border Patrol displays the rolls of seized Mexican bologna. U.S. Customs and Border Protection

Turner's victim, styled Emily Doe in court papers, has never been publicly identified. "Nothing can ever roll back (the victim's) legacy of raising the world's awareness about sexual assault". Doe was found in an open space between a three-sided trash enclosure and a basketball court.

That characterisation of the crime, "implied an intent on the appellant's part to shield and sequester his activities" and "implied moral depravity, callousness and culpability on the appellant's part because of the inherent connotations of filth, garbage, detritus and criminal activity frequently associated with dumpsters", the document reportedly states.

In the appeal, Turner's legal team claims they were at a disadvantage on three fronts: The jury did not get a lot of evidence that represented Turner's character; The jury was not allowed to consider a lesser offense; The jury was subjected to "extensive "behind-the-dumpster" propaganda".

Turner's case gained notoriety after the victim's letter to her attacker went viral, triggering global anger at Turner's relatively minor short sentence.

In response to the Turner case, California lawmakers previous year passed legislation to broaden the state's legal definition of rape and mandate prison if the victim was unconscious.

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