Bill Closes Loophole in Sentencing of Sexual Assault Crimes
SACRAMENTO – State Legislators Asm. Evan Low (D-Silicon Valley), Asm. Bill Dodd (D-Napa) and Sen. Jerry Hill (D-San Mateo and Santa Clara), have introduced AB 2888, in response to the shockingly lenient sentence given to Brock Turner by Judge Aaron Persky in the recent Stanford rape case. The bill will ensure that anyone convicted of sexual assault in California cannot be sentenced to probation. The legislators worked with Santa Clara County District Attorney Jeff Rosen in crafting the proposal.
“Rapists like Brock Turner shouldn’t be let off with a slap on the wrist,” said Assemblymember Evan Low. “Judge Persky’s ruling was unjustifiable and morally wrong, however, under current state law it was within his discretion. Current law actually incentivizes rapists to get their victims intoxicated before assaulting them. While we can’t go back and change what happened, we can make sure it never happens again.”
Under current law, not all forms of sexual assault involving penetration are included in the list of offenses that would trigger a mandatory denial of probation. Current law clarifies that a defendant’s use of force triggers a mandatory prison sentence. However, when a victim is unconscious or severely intoxicated, the victim is unable to resist, and the perpetrator does not have to use force.
For example, a perpetrator at a college party who chooses to forcibly rape a conscious victim will go to prison. However, a different perpetrator at the same party who chooses to watch and wait for a victim to pass out from intoxication before sexually assaulting her may get probation.
“We need to send the message that sexually assaulting vulnerable victims who are intoxicated or unconscious is a serious crime,” said Assemblymember Bill Dodd. “Letting a rapist off with probation and little jail time re-victimizes the victim, dissuades other victims from coming forward and sends the message that sexual assault is no big deal. Like many people across the nation, I was deeply disturbed by the sentence in the Brock Turner case. Our bill will help ensure that such lax sentencing doesn’t happen again.”
“If this bill were in effect, Brock would have gone to jail for years instead of months,” said State Senator Jerry Hill, D-San Mateo and Santa Clara Counties. “AB 2888 closes a loophole in state law to ensure that perpetrators of rape against unconscious victims aren’t eligible for probation. The legislature is taking decisive measures to make sure the punishment fits the crime. I look forward to also joining Assemblymembers Christina Garcia and Susan Eggman as a coauthor to their Assembly Bill 701 which will strengthen California’s definition of rape.”
In March 2015, Brock Turner, a Stanford University student was convicted on 3 felony counts of sexual assault of an intoxicated and unconscious woman. Despite the fact that the defendant was eligible for a sentence of up to 14 years in prison, Judge Aaron Persky sentenced the defendant to 6 months in jail and 3 years’ probation. The sentence has been justifiably criticized by many as unethically lenient, given the horrific nature of the crime.
“We need to change the law to protect the next Emily Doe from the next Brock Turner,”’ District Attorney Rosen said during a news event announcing the proposed legislation outside of the Palo Alto courthouse where Turner was tried and convicted. “Let's give the next campus sexual assault victim no reason to fear that her attacker will end up walking around free after spending less time in jail than it takes to finish a single college semester.”
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