SACRAMENTO (KRON) — Legislation prompted by a controversial rape case at Stanford University is awaiting Gov. Jerry Brown’s signature.
It is the outgrowth of the Brock Turner rape trial.
The judge sentenced turner to 6 months in jail and three years probation because of flexible sentencing guidelines in cases of sexually assaulting an unconscious person.
The new bill would close that loophole and also ensure that anyone convicted of rape or sexual assault cannot be sentenced to probation.
“Sexually assaulting an unconscious or intoxicated victim is a terrible crime and our laws need to reflect that. Letting felons convicted of such crimes get off with probation discourages other survivors from coming forward and sends the message that raping incapacitated victims is no big deal,” Assemblymember Bill Dodd said. “This bill is about more than sentencing, it’s about supporting victims and changing the culture on our college campuses to help prevent future crimes. I urge Governor Brown to join the legislature in standing with victims and building a culture that suppresses these reprehensible crimes.”
Under the current law, not all forms of sexual assault involving penetration would trigger a mandatory denial of probation.
“Rape is Rape, and rapists like Brock Turner shouldn’t be let off with a slap on the wrist,” Assemblymember Evan Low said. “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.”
The Turner case set off protests and efforts to remove presiding judge Aaron Persky.
“We thank Evan Low, Bill Dodd, Jerry Hill, and Governor Brown for helping make California safer for women today. Mostly, we thank Emily Doe for her courageous letter. It gave all of us the inspiration to make sure the next Brock Turner either leaves the next Emily Doe alone, or the next Brock Turner goes to prison,” Santa Clara District Attorney Jeff Rosen said.