Скачать или смотреть Brock Turner’s sexual assault appeal: He intended ‘outercourse,’ not intercourse

Brock Turner’s sexual assault appeal: He intended ‘outercourse,’ not intercourse
outercourse, Brock Turner, Stanford sexual assault, Judge Aaron Persky, rape, California
   / @dongonews9123  
by Meagan Flynn July 26 at 6:55 AM Email the author An attorney for Brock Turner, the former Stanford University swimmer convicted of sexually assaulting an unconscious woman in 2016, launched a bid to overturn his client’s convictions before a panel of skeptical appellate judges Tuesday, arguing that Turner never intended to have sexual intercourse with the woman. He just wanted “outercourse,” attorney Eric S. Multhaup told the court in a brief and in oral arguments. The distinction is central to Multhaup’s argument that Turner should not have been convicted of assault with intent to commit rape because, he claims, Turner’s clothes were on when two bicyclists saw him thrusting on top of the half-naked, unconscious woman. He argued that Turner was engaged only in “outercourse,” a “version of safe sex” with no “penile contact,” Multhaup explained, the Palo Alto Weekly reported. The long-shot legal argument had three California 6th District Court of Appeal justices scratching their heads, according to multiple accounts of the hearing. “I absolutely don’t understand what you are talking about,” Justice Franklin D. Elia told Multhaup, the Mercury News reported. Turner was convicted of two counts of digital penetration of an intoxicated and unconscious person and one count of assault with intent to commit rape in 2016, crimes for which he served three months of his six-month jail sentence and three years of probation. He also was required to register as a lifetime sex offender. The sentence, which many described as too lenient, outraged sexual assault survivors and domestic violence groups across the country, resulting in a bid to unseat the judge who sentenced Turner, Aaron Persky. In June, that campaign was successful: Santa Clara County voters recalled him from the bench with 60 percent of the vote. Turner’s attempt to overturn his convictions began in December, when Multhaup filed a 172-page brief with the California appeals court. He filed a second brief in May, arguing that Turner was convicted on constitutionally insufficient evidence and deprived of due process and a fair trial. Specifically, he argued that Turner shouldn’t have been convicted of digital penetration of an unconscious and intoxicated person because the prosecution didn’t prove he “knew or should have known [the victim] was so intoxicated as to be unable to resist digital penetration,” as California statute requires. “There was no proof beyond a reasonable doubt that she had lapsed into unconsciousness at the time of the digital penetration,” Multhaup wrote. And he shouldn’t be convicted of intent to commit rape because it was “outercourse,” Multhaup argued. In his brief, he describes outercourse this way: The ‘aggressive thrusting’ or ‘humping’ while fully clothed is viewed in modern times as an alternative to or substitute for sexual intercourse, not a precursor to it. The term for this type of activity in the popular lexicon is ‘outercourse,’ and Anne Bolin and Patricia W