Brock Turner released after 3 months in jail for Stanford sex assault

Former StanfordUniversity swimmer Brock Turner was released on Friday afterserving three months for sexually assaulting an unconsciouswoman near a fraternity party, a sentence that has ignitedfierce debate over the way California defines and punishes rape.

Turner didn't speak to reporters as he walked out of theSanta Clara County Jail shortly after 6 a.m. local time, into a waiting car.

Brock Turner released from San Jose jail

8 years ago

Duration 0:20

Man convicted in Stanford sexual assault dodges media questions

Turner's sentence to months in county jail instead of yearsin state prison stoked international outrage, leading Californialawmakers to call for mandatory prison time for sex assaultsinvolving unconscious victims, and expanding the state'sdefinition of rape.

• INTERACTIVE | Campus sexual assault reports

But the proposed new laws, now on the desk of DemocraticGov. Jerry Brown, come as Democrats and Republicans alikeare trying to move the criminal justice system away frommandatory sentencing laws and other get-tough measures that havecontributed to crowded prisons and the over-incarceration ofpoor and minority defendants.

"When we broaden those criminal definitions, it can broadenthe swath of persons that can be criminalized," said EmilyAustin, director of advocacy for the California CoalitionAgainst Sexual Assault, which declined to take a position on thebills. "And how that works out in the justice system can varybased on your race and class."

• EXCLUSIVE |Campuses lack U.S.-style transparency on sex assault reports

The Turner case has become the focal point of growinginternational outrage over campus rape. Many advocates say lawsin California and elsewhere offer outdated definitions of rapethat are too lenient on perpetrators if they or their victimshave been drinking.

Crafting a solution has proven thorny.

The criticism of Santa Clara County Superior Court JudgeAaron Persky's sentence in the Turner case has been fierce,generating more than a million signatures on an online petitioncalling for his ouster and prompting a recall campaign. Sincethe sentencing, the judge, who declined to comment for thisstory, has recused himself from a sexual assault case and askedto hear only civil cases.

Campaign under fire

The recall campaign and legislative responses have comeunder fire from many public defenders, who represent defendants unable to afford legal fees, and some judges, who say they limitjudges' discretion when handling cases.

'If you have a bright future ahead of you, you have a get-out-of-jail-free card for rape'

8 years ago

Duration 0:56

'If you have a bright future ahead of you, you have a get-out-of-jail-free card for rape'

In the legislature, several lawmakers who support rollingback mandatory sentencing sat out votes on the two bills. Brown,who has not said whether he will sign them, is backing a ballotinitiative to ease mandatory sentences.

• Why Brock Turner's mug shot matters

Assembly member Cristina Garcia, whose bill expanding thedefinition of rape is among those on Brown's desk, nonethelesscast a dissenting vote on the mandatory sentencing bill.

"We should not perpetuate practices that put an undue burdenon minorities and economically disadvantaged communities likeminimum mandatory sentences," Garcia said.

A backer of the Persky recall campaign, the feminist groupUltraviolet, also opposed it.

'20 minutes of action'

The Turner case initially shot to prominence last yearbecause the defendant was a rising student athlete at Stanford.Turner, then 19, was arrested after two students saw him outsideof a fraternity house on top of an unconscious woman.

He was charged with sexual assault instead of rape becausealthough he digitally penetrated the woman, he did not haveintercourse with her, and California law does not define that asrape.

A letter written by the victim, who remains anonymous, wentviral with a moving explanation of her ordeal.

In June, Persky sentenced Turner to six months in a countyjail and three years probation, sparking outrage thatintensified after prosecutors released a letter written byTurner's father calling the assault "20 minutes of action."

Turner was released on Friday after serving three monthsunder rules giving time off for factors including good behaviour.

• Stanford sentencing seen as too lenient by legal experts

Stanford law professor Michele Dauber, who started thecampaign to recall the judge, said while she generally opposesmandatory sentencing, she believes Persky abused the discretionthat the law allowed him.

Changing the law, said Assembly member Evan Low, whoco-authored the bill mandating prison time for sexuallyassaulting an unconscious victim, would keep that from happeningagain.

"Judge Persky's ruling was unjustifiable and morally wrong,however, under current state law it was within his discretion,"Low said.

• Students who stopped sex assault acted 'on instinct'