Peninsula Lawmaker Sponsors Bill That Would Require Prison for Sexual Assault of Unconscious Victim

In response to a sexual assault case involving an ex-Stanford University swimmer that has received international attention, Santa Clara County's top prosecutor said Wednesday he supports legislation that would set a mandatory minimum sentence of three years in prison for convicted rapists of unconscious victims.

District Attorney Jeff Rosen is supporting Assembly Bill 2888, which was introduced Tuesday by Assemblymen Evan Low, D-Campbell, and Bill Dodd, D-Napa, and co-sponsored by state Sen. Jerry Hill, D-San Mateo.

The proposed bill comes after Brock Turner, 20, was sentenced on June 2 to six months in county jail for sexually assaulting an unconscious woman during an on-campus fraternity party in January 2015.

Turner is eligible to serve just half his sentence due to good behavior and online county jail records show he is scheduled for release on Sept. 2.

Rosen discussed the proposed legislation during a news conference this morning outside the Palo Alto courthouse alongside Deputy District Attorney Alaleh Kianerci, the prosecutor on the case.

A 12-page letter by the victim, identified in court as "Emily Doe," that was addressed to Turner and written prior to his sentencing has been widely shared online and started a "revolution," Rosen said.

"We've read her letter, now let's give her back something beyond worldwide sympathy and anger," Rosen said.

Currently, state law allows a defendant convicted of sexual assault on an unconscious victim to be eligible for probation. The proposed legislation would require a state prison sentence regardless of the victim's awareness of the act, Rosen said.

"This means that a judge can't look a relative youth, nominal criminal history and means, characteristics shared by many college students, as mitigating factors and give probation," Rosen said.

If the bill is approved, the sentence for sexual assault on an unconscious or conscious victim would be the same, which is three to eight years in prison, according to Rosen.

"The trauma to the victim, whether conscious or unconscious, is often lifelong," Rosen said.

Rosen also responded to questions from reporters on a petition to recall Santa Clara County Superior Court Judge Aaron Persky, who has been criticized for issuing a light sentence to Turner.

While the district attorney said he believed Turner's six-month sentence was wrong, the judge had every right to issue the punishment.

Ultraviolet, a group against sexism and supportive of women's rights, initiated a campaign calling for the state Commission on Judicial Performance to remove Persky from the bench.

More than a million people have signed the petition, which was sent to the commission's office in San Francisco earlier this month.

In a statement Wednesday, Ultraviolet co-founder Nita Chaudhary said the group agrees with Rosen's stance on the sentence, but doesn't support his proposal for rapists to receive mandatory prison sentences.

"We agree ... that Judge Persky's sentencing of Brock Turner is an outrage, and that too often rapists spend little to no time in jail for their crimes. However, his proposal of mandatory minimum sentencing for rapists is not only bad policy generally, but also the wrong solution for this case," Chaudhary said.

"Rosen's proposal also does nothing to hold Judge Persky -- a man who chose to protect a privileged white athlete and rapist over the survivor of his crimes -- accountable for his decision," Chaudhary said.

"While it is long past time that our justice system take the crime of rape seriously, we need judges who focus on finding justice for rape survivors, not the re-hashing of bad policies that rig the system against poor people and people of color," she said.

– By Bay City News Service.