California toughens rape laws after
Stanford case uproar
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[October 01, 2016]
By Alex Dobuzinskis
LOS ANGELES (Reuters) - California Governor
Jerry Brown on Friday signed legislation to broaden the state's legal
definition of rape and mandate prison if the victim was unconscious,
following a furor over a Stanford University sexual assault case.
Lawmakers passed the two bills in response to a six-month sentence a
Northern California judge this year gave Brock Turner, a former swimmer
convicted in the sexual assault of an unconscious woman at the elite
university, in a case that drew widespread condemnation.
The sentence, which was lighter than prison terms given at many U.S.
sexual assault trials, generated harsh scrutiny after the online
publication of a harrowing statement the victim gave in court describing
the devastating effects of the assault.
The outcry over the sentence became a central part of a growing movement
to combat sexual assault on U.S. college campuses.
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The statement of the victim inspired U.S. Vice President Joe Biden to
write an open letter praising her courage. On social media, people from
several countries expressed support for the victim, including women in
China who took photos of themselves holding signs against rape.
One bill signed by Brown, a Democrat, changed California law to say
prosecutors and juries may consider any sexual assault to be rape,
including penetration with a foreign object. State law had previously
defined rape more narrowly, as non-consensual sexual intercourse.
In the Stanford case, Turner was convicted of assault with intent to
commit rape, penetration of an intoxicated person and penetration of an
unconscious person. Prosecutors did not move forward with rape charges
because he was not believed to have penetrated the victim with his
penis.
UNCONSCIOUS VICTIMS
Brown also signed a separate bill to place rape of an unconscious or
intoxicated person on a list of sexual crimes for which judges are
forbidden to grant probation or parole.
The governor in a signing statement said he usually opposes expanding
the number of crimes with mandatory minimum statement.
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![](../images/100116PICS/news_h9.jpg)
Brock Turner, the former Stanford swimmer convicted of sexually
assaulting an unconscious woman, leaves the Santa Clara County Jail
in San Jose, California, U.S. September 2, 2016. REUTERS/Stephen Lam
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But the legislation "brings a measure of parity to sentencing for
criminal acts that are substantially similar," Brown wrote.
Turner, 21, sexually assaulted the victim in the Stanford case
outside of a fraternity party in 2015.
Stanford law professor Michele Dauber is leading an effort to recall
Santa Clara County Judge Aaron Persky, who presided over the Turner
case and handed down the six-month sentence.
Dauber on Friday urged Brown to go further.
She called on him to sign another bill passed this year that would
require colleges and universities to release data on how many cases
of sexual assault, domestic violence and stalking have been reported
on campus.
"This information is crucial to keeping our children safe at
school," Dauber said in a statement.
Turner was released from prison on Sept. 2 after serving half of his
six-month jail sentence, under a policy in Santa Clara County that
allows early release for good behavior while in custody.
(Reporting by Alex Dobuzinskis; Editing by Mary Milliken)
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