Law Inspired by Convicted Rapist Brock Turner Signed By Calif. Governor

BAY AREA, CA – He might not have gotten much jail time, but he did inspire a new law to be passed establishing mandatory minimum prison sentences for raping unconscious victims.

Call it the "Brock Turner Rapist Law."

Gov. Jerry Brown signed Assembly Bill 2888 into law Friday, setting a mandatory minimum sentence of three years in prison for convicted rapists of unconscious victims. The law was inspired by Turner, the former Stanford University swimmer, whose six-month jail sentence for sexual assault caused a nationwide uproar for its leniency.

"It guarantees that individuals like Brock Turner will go to prison in the future," Santa Clara County District Attorney Jeff Rosen said during a news conference at his offices in San Jose this afternoon.

The controversial sentence also led to a recall effort targeting the Santa Clara County judge who issued the sentence. Judge Aaron Persky in August stepped down from his role in trying criminal cases and requested reassignment to the civil division.

Turner served just three months in jail. Critics of his light sentence contend he was given special treatment because of his status as a white, privileged athlete.

“We need to send the message that sexually assaulting vulnerable victims who are intoxicated or unconscious is a serious crime,” said Assemblymember Bill Dodd, D-Napa, wrote in a statement introducing the bill. “Letting a rapist off with probation and little jail time re-victimizes the victim, dissuades other victims from coming forward and sends the message that sexual assault is no big deal. Like many people across the nation, I was deeply disturbed by the sentence in the Brock Turner case."

“As a general matter, I am opposed to adding more mandatory minimum sentences,” Brown wrote in his signing message. “Nevertheless, I am signing AB 2888, because I believe it brings a measure of parity to sentencing for criminal acts that are substantially similar.”

Turner, 20, was sentenced June 2 to six months in county jail for sexually assaulting an unconscious woman during an on-campus fraternity party in January 2015. Two Swedish graduate students saw Turner in the act and stopped him from running away, Rosen said.

He was released Sept. 2 after serving three months.

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, inspiring the law change. (See: Stanford Woman to Attacker: 'I Don't Want My Body Anymore')

Until now, state law allowed a defendant convicted of sexual assault on an unconscious victim to be eligible for probation.

After Turner's sentencing, Rosen said he spoke with state Assemblymen Evan Low, D-Campbell, Dodd, and state Sen. Jerry Hill, D-San Mateo and Santa Clara counties. They discussed what could be done in response to the sentencing, which led to the creation of the bill, the district attorney said.

The three state legislators joined Rosen during today's news conference where they applauded the bill's passage.

"We as male legislators want to make it very clear that this is not OK and we want to ensure generations of young men that this is not tolerated," Low said.

Turner's sentence may stop other sexual assault victims from coming forward, but any future convicted felons like him won't end up with probation, Dodd said.

"I want to recognize the bravery of the victim for bringing her story forward. As a father and grandfather my heart breaks just to know that she had to go through something like this," Dodd said.

The law is expected to go into effect in three months, Hill said.

"This tragedy occurred in the last six months and in that length of time we were all able to come together because we saw the injustice that was imposed," Hill said.

The District Attorney's Office will be holding a symposium on campus sexual assault on Nov. 18 at Santa Clara University where representatives from colleges in the county are expected to attend, Rosen said.

"Our journey isn't complete yet and will not be complete until we've eradicated this scourge," Rosen said.

“We need to change the law to protect the next Emily Doe from the next Brock Turner,”’ DA Rosen said during a news event announcing the proposed legislation over the summer. “Let's give the next campus sexual assault victim no reason to fear that her attacker will end up walking around free after spending less time in jail than it takes to finish a single college semester.”

Related:

• Massive Protest Expected For Release of Former Stanford Swimmer
  
• Ex-Stanford Swimmer Brock Turner Out of Jail After 3 Months Following Rape Conviction
  

– By Bay City News Service contributed to this report/File image via SCCSO