Posted on 06/09/2016 1:05:35 PM PDT by nickcarraway
“Him getting sodomized by gang members and then released will do nobody any good. He’ll be traumatized and more likely to commit further sex crimes.”
Or not. May be he will become so traumatized that he will have second-thoughts about committing sexual crimes. Perhaps the prison-rape would be his first thought before he attempts to rape again.
That's a very good question...
I keep seeing these faceboob meme about him "raping" her but he was charged with "sexually attack" ...
What is your definition? If you either (1) drug a woman; or (2) get a woman so drunk that she passes out completely unconscious; and THEN proceed to pull her pants/panties down and fondle her with your finger and then thrust your sexual organ into her.... Do you consider that rape? Forcing yourself onto someone who is unconscious and unable to either consent or deny consent pretty much meets the standard definition for me.
You can untwist your panties...
Down thread it was explained to me the rape, different from sexually assault, charge was dropped because she could not under oath say he penetrated her...
If you look up the California penal code, rape falls under the sexual assault code, but with much more severe penalties...
He received the sentence under the sexually assault code, which made me wonder why, since he raped her...
You are most welcome.
Can you find any of the other evidence from the trial. The exhibits from the police report were not provided. Nor were the photos.
He was charged with assault with intent to commit rape. By his own testimony he got amorous down there. But again the circumstances are that a young man and a young woman got drunk and made out by a dumpster. He didn't drag her there. At some point when they were making out she passed out/blacked out. When she came to her senses she of course felt that she had made a mistake. I believe she was married as well.
I have some sympathy for the guy. Forced sex is wrong. Unmarried sex is wrong. Yet this is something that happens all the time and probably every day in every town around the country. Two young people make out/have sex when they're drunk and then regret it. Hopefully lesson learned.
Because he didn't "rape" her. From an article:
Turner, 20, was found guilty of three felony sexual assault counts for the January 2015 attack; he was convicted of assault with intent to commit rape of an intoxicated woman, sexually penetrating an intoxicated person with a foreign object, and sexually penetrating an unconscious person with a foreign object. The two formal charges of rape under California state law were dropped at the preliminary hearing.
The "foreign object" to my understanding were his fingers. They were both trashed. They were making out and then she passed out/blacked out. They couldn't charge him with rape because he didn't rape her.
Mostly correct.
They did ‘charge him’ with rape. They tried two counts of rape.
Both of those charges were tossed on the first day of the trial because there was no evidence to support the charge of rape.
Do you have a shred of evidence that that is what happened? That they had any interaction?
The fact is, two bystanders happened by and were witnesses. She was completely unconscious when the two bystanders, that didn't know any of them, happened by the scene.
Yes, the police reports police plenty of indication that they were at the party together.
The courts have now released 470 pages of documents.
Interesting reading.
http://paloaltoonline.com/media/reports/1465602928.pdf
Here is the defense attorneys sentencing memo.
- He make the point that the prosecution added the two rape charges, and kept them public for nine months, before having them dismissed at the start of the trial as being unethical behavior on their part.
http://paloaltoonline.com/media/reports/1465602923.pdf
Yep - two sloppy drunks making out has turned into an election year cause celebre
Did you expect any different?
‘Campus Rape’ is the Democrats top issue.
They are forcing colleges to become inquisitors in kangaroo court style hearings where the defendants rights are non-existAnt.
They want a strict ‘yes means yes’ policy where any sexual act is assault unless the woman gas given an oral and continuous yes.
They particularly want to prosecute frats and athletes.
They are probably funding and directing the social media outrage. They do not care about facts, they want an emotionally enraging story to drive their electorate.
Here is the unethical prosecutors version.
http://paloaltoonline.com/media/reports/1465602925.pdf
He did both.
The point was made in one of these that she was probably even more drunk than reported. (0.24). They did not factor in the saline drip she was getting in their intoxication calculation.
Her blackout of events started at midnight.
Clearly her sister should not have left her at the party.
Her sister had left her to take another drunk ‘no longer able to take care of herself’ And put her in bed to sleep. Clearly she should have also taken her sister at this time.
The ‘victim’ had started of the night with 4 shots of whiskey before she left home for the party. She went there drunk.
She appears to have understated how much additional she drank at the party. She must have gotten close to killing herself with booze that night.
He made three phone calls to her ‘exclusive’ boyfriend that night. Wonderful girl. He had gone to bed early for an interview the next day. She called him at 3-4am his time - three times. The second, he did not answer, was an incoherent 3 minute message on his answering machine. They have not told us what these ‘conversations’ we’re about. It sounds like a serious fight, a relationship ending fight to me.
The boyfriend should have been pretty pissed about her waking him up when he has a job interview he wanted to be well rested for that day. Especially given that she was an incoherent drunk at the time.
Everyone wants to get mad at the judge.
For some reason, the case was in the hands of a probation officer.
The probation officer wrote a report to the court recommending punishment. And lenient punishment at that.
So the entire California system was already setup for a light punishment.
Well, if you consider a lifetime punishment as a registered sex offender ‘light’
http://paloaltoonline.com/media/reports/1465602929.pdf
One of the unethical acts by the prosecutor in this case was to increase the number of charges.
The prosecutor brought five charges against him for this one act.
There should have only been one charge made.
I expect that on appeal, one of the wins will be to reduce the number of convictions from three counts to one count.
The prosecutor should probably be removed from office - as Nifomg was in the Duke case.
Interesting that nobody is getting upset at the two probation officers for their report.
Laura Garnette. And Monica Lasserttre
The Static-99 tool the California courts use is wierd.
http://www.static99.org/pdfdocs/static-99-coding-rules_e.pdf
So here are the witch hunters letters.
Michele Landis Daubers letter is particularly nasty.
She makes the claim that 43.4% of Senior Stanford undergraduate women
‘Experienced nonconsensual sexual assault or misconduct during their four years at Stanford’
Stop and ponder on that claim!
If all of those claims were prosecuted, that would be an incredible jump in prison population.
Instead of graduating doctors, engineers and lawyers - 1/2 the make Stanford class would be jailed.
More than 2/3 of these young women were ‘drunk or high’ at the time of the alleged claim.
http://paloaltoonline.com/media/reports/1465602935.pdf
So perhaps 0.14 at midnight and rising fast
Blackouts are reported to happen on fast BAC rise.
She has to drink how much more in the next hour to get to the 0.24 plus she was at?
“What Causes Alcohol Blackouts?
Alcohol begins to impair your memory after you consume as little as one to two drinks. Blackouts are caused by heavy drinking on an empty stomach, or when you engage in “chugging.” Binge drinking makes your blood alcohol levels rise too rapidly, thus producing a blackout. The blood alcohol content for blackouts begins at 0.14. Binge drinking is generally defined as taking in five or more alcoholic drinks in two hours for men and four or more drinks for women. Blackouts can occur at any age and even with a small amount of alcohol.”
https://en.m.wikipedia.org/wiki/Blackout_(drug-related_amnesia)
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