The Brock Turner case is back in the news, again, following the former Stanford swimmer’s attorney’s appeal to have the sexual assault conviction overturned. If the nature of this case was remarkable enough, from slap-on-the-wrist sentencing to the first judicial recall in more than 80-years, it just took another somewhat unbelievable turn.

If you are just tuning in for the first time, we will take a minute to bring you up to speed. In 2015, the then 19-year old Turner was caught sexually assaulting a fellow student at a frat party. Without getting too graphic, let’s just say that the witnessed Olympic-hopeful actions led to a jury finding him guilty of multiple crimes, including:

• Assault with intent to commit rape.
• Sexual penetration of an intoxicated person with a foreign object.
• Sexual penetration of an unconscious person with a foreign object.

You might say to yourself, such crimes call for severe punishment. However, presiding Judge Aaron Persky thought otherwise, sentencing Turner to 6 months in jail. When it was all said and done, Brock was released after three months, ordered to probation, and had to register as a sex offender.

Outercourse vs Intercourse

Turner’s attorney, Eric Multhaup, stood in front of a three-judge panel arguing that his client was committing an act of “sexual outercourse,” and Brock did not demonstrate that his intentions were to rape the victim, according to NBC News. Multhaup says “outercourse” does not involve vaginal sex and is a “version of safe sex.”

Dean Johnson, a legal analyst and defense attorney, points out that the defense’s line of reasoning would have people think that since Turner was clothed, he shouldn’t have been found guilty of assault with intent to commit rape, the article reports.

“I absolutely don’t understand what you are talking about,” Justice Franklin Elia of California’s 6th District Court of Appeal, told Multhaup.

Southern California Criminal Defense Attorney

Please reach out to the Law Office of Ronald G. Brower if you or a family member is facing criminal charges. Attorney Brower is committed to helping each client receive the best possible outcome in their case. With more than thirty years of experience, you can trust that you’re in good hands.