How the Punishment for Sexual Assault in California Was Changed by One Case

The Brock Turner case received widespread attention in California and beyond.

How the Punishment for Sexual Assault in California Was Changed by One Case

In 2016, a Stanford University athlete, Brock Turner, was convicted of sexual assault for sexually assaulting an unconscious woman. He was sentenced to probation and just six months to serve in prison. The nation was outraged by this seemingly light sentence, with immediate calls for the judge who sentenced him to be recalled from the bench. Many people believed that Mr. Turner received this sentence because of his race and his position — a privileged swimmer at an elite university — and noted that others who had been charged with similar crimes had received far harsher sentences.

In the wake of the Turner case, the California Legislature passed a bill that was designed to tighten the penalties for California sexual assault crimes. Under this bill, AB 2888, felony probation is no longer available to defendants in cases involving rape, sodomy, oral copulation or forcible penetration with a foreign object where the victim was unconscious, asleep or intoxicated.

This change in law may have been necessary to prevent judges from giving light sentences in cases like Mr. Turner’s. However, according to some Orange County criminal defense attorneys, it may have the effect of making the punishment far more harsh in less clear-cut cases of sexual assault. This is particularly true for defendants who do not have the resources to hire top-notch criminal defense lawyers.

Recently, Mr. Turner received another form of punishment that may be more damaging than formal probation: he has been featured in a criminology textbook next to the definition of rape. Mr. Turner’s picture appears next to a description of the crime of rape, along with an accounting of the crime of which he was convicted. The initial textbook stated inaccurately that Mr. Turner was convicted of rape. When this story made national news, the publisher released a statement that it would update the book to reflect that under California law, he was actually convicted of three counts of sexual assault.

The story of Brock Turner highlights how one case can change the entire legal system in California — for better and for worse. Due to the outrage over the lenient sentence received by Mr. Turner, the entire sentencing system for the type of crime that he was convicted of was changed for all defendants convicted of this type of sexual assault. And now Mr. Turner will live in infamy for his actions, despite receiving a relatively light sentence.

If you have been charged with sexual assault, you will need the assistance of an experienced Orange County criminal defense attorney. At the Chambers Law Firm, we know how to handle sexual assault and other types of criminal cases to protect your rights and your freedom. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.

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