California toughens sex assault legislation in wake of Stanford case

California Gov. Jerry Brown said Friday that he signed two bills that emerged amid national outrage over the six-month jail sentence given to a former Stanford University swimmer who sexually assaulted a woman who was passed out.

Those convicted of assaulting unconscious victims will now be required to serve a minimum three-year sentence in state prisoninstead of a jail sentence like the one Brock Turner received in June. Heserved three months in a county jail before obtaining early release.

Turner's case burst into the spotlight after a poignant statement from the victim swept through social media.

• California legal system gives convicted rapist consensual slap on wrist
• Brock Turner released after 3 months in jail for Stanford sex assault

Politicians and law enforcement officials have criticized Turner's sentence, backed a recall effort against the judge and urged Brown to sign the tougher sentencing legislation.

The 21-year-old Turner, a one-time Olympic hopeful, was released from the Santa Clara County jail in September after serving three months. He will be on probation for three years in his native Ohio for crimes that carrya maximum penalty of 14 years in prison.

There is no such thing as a non-violent sexual assault.- Michele Dauber, Stanford law professor

Brown said in a signing message he usually opposes adding more mandatory minimum sentences,but in this case he said thebill "brings a measure of parity to sentencing for criminal acts that are substantially similar."

Outside jail after Turner's release, county Sheriff Laurie Smith said she believed his sentence was too light and urged Brown to sign the bill.

"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," Democratic assemblyman Bill Dodd of Napa said in a statement after California lawmakers approved his bill in August.

But more than two dozen groups dedicated to ending campus sexual assaults urged Brown to veto it, fearing the punishment wouldlikely be applied to minority and lower-income defendants more often than white offenders like Turner.

Mahroh Jahangiri, executive director of Know Your IX, a national organization representing survivors, said mandatory minimum sentences also could deter victims from pressing charges against their attackers, who are often people they know.

Definition of 'rape'challenged

Brown also signed another bill permitting sexual assault victims to say in court that they were raped, even if the attack doesn't meet the technical definition under California law.

State law defines rape as non-consensual intercourse between a man and a woman, leaving out other forms of sexual assault, including Turner's 2015 attack on the woman he met at a fraternity party. He was convicted of three sexual assault felonies, including digital penetration of an unconscious woman.

The rape definition that came under fire in the Turner case leaves Brown in an awkward position as he promotes a November ballot initiative that would allow earlier release of prisoners as a way to control overcrowding.

Proposition 57 would allow earlier parole consideration for non-violent inmates, but the legal definition of a violent felony includes just 23 crimes, such as murder, kidnapping and forcible rapes and sexual assaults.

Turner's crimes were considered non-violent under California law because he assaulted an intoxicated or unconscious person who could not resist, so he didn't have to use force.

"All sexual assaults are a violent offence. There is no such thing as a non-violent sexual assault," Stanford law professor Michele Dauber said.

Dauber is a friend of the woman Turner assaulted and is leading a campaign to recall Santa Clara County Superior Court Judge Aaron Persky for departing from the usual minimum sentence in the case.

The bill passed without a dissenting vote, though Democratic assemblywoman Cristina Garcia of Bell Gardens scaled back her initial proposal to expand the definition of rape. Prosecutors were concerned the original version would prevent them from filing multiple charges against perpetrators.

"Sexual penetration without consent is rape. It is never invited, wanted or warranted. Rape is rape, period," Garcia said in statement. "When we fail to call rape,rape, we rob survivors and their families of the justice they deserve."