Brock Turner and Cory Batey, two college athletes who raped unconscious women

[IronLionZion]

show how race and privilege affect sentences

Video and images at link:

http://www.nydailynews.com/news/national/king-brock-turner-cory-batey-show-race-affects-sentencing-article-1.2664945

When Cory Batey was a 19-year-old standout football player at Vanderbilt, he raped an unconscious woman. The ample evidence, including security cameras showing the unconscious woman being carried into a dorm room and cellphone photos and videos of the sexual assault, was clear — Cory Batey sexually assaulted the woman. In April, a jury found Batey guilty of three felony counts including aggravated rape and two counts of aggravated sexual battery.

He was immediately remanded into custody and must serve a mandatory minimum sentence of 15 to 25 years in prison.

What Batey did was reprehensible. The judge and jury treated his crime as such.

That's what makes the case of Brock Turner, a 19-year-old standout swimmer at Stanford who raped an unconscious woman, all the more infuriating. As was the case with Batey, ample evidence existed that Turner was guilty. Eyewitnesses actually caught him in the act as he sexually assaulted an unconscious woman behind a dumpster. A jury agreed and Turner was found guilty of multiple felony rape charges. Turner, though, was given a six-month jail sentence and told he could be released on good behavior in as little as three months. He won't even go to an actual prison, but will remain in the local jail during that time.

One man will spend the entire prime of his life in prison for his crime — the other will be out of jail before the summer heat disappears.

For the record, I want Brock Turner to have a much more severe sentence than what he got. His sentence should be comparable to Cory Batey's. And I have deepest sympathy for the two women victims, and no sympathy for either of the rapists.

[mahatmakanejeeves]

1. Here are the charges of which Brock Turner was convicted:

All-American swimmer found guilty of sexually assaulting unconscious woman on Stanford campus

By Michael E. Miller
@MikeMillerDC

March 31

....
It took the jury two days to find Turner guilty of three felonies: assault with intent to rape an intoxicated woman, sexually penetrating an intoxicated person with a foreign object and sexually penetrating an unconscious person with a foreign object. Prosecutors had dropped rape charges several months earlier.

[irisblue]

3. sooooo why did the prosecution drop rape charges?

[mahatmakanejeeves]

4. I don't know. Google is your friend. NT

[irisblue]

5. Google doesn't work too well on a $10 phone bootlegging a signal

but hey. thanks for the advice

[mahatmakanejeeves]

6. Seriously, I do not know what the prosecutors had in mind.

My only concern is that there is a misstatement of fact gaining exposure at DU. If someone were to say that the U.S. was attacked at Pearl Harbor by the Germans or that the sun is closer to the earth than the moon, I think those misstatements would be worth pointing out as well.

Best wishes.

[KamaAina]

10. IF someone were to say that the U.S. was attacked at Pearl Harbor by the Germans?!

[mahatmakanejeeves]

17. Don't think for one minute that I did not have that scene in mind when I said what I did.

Six degrees of John Belushi: I watched Starman the other night on TV. The leading actress looked so familiar. Where have I seen her before?

Okay, at my age, it takes a while for me to connect the dots.

[Igel]

9. The article you were referred to is fair.

That would be

https://www.washingtonpost.com/news/morning-mix/wp/2016/03/31/all-american-swimmer-found-guilty-of-sexually-assaulting-unconscious-woman-on-stanford-campus/


Another link, http://www.usmagazine.com/celebrity-news/news/brock-turners-stanford-rape-case-everything-you-need-to-know-w209237 is also fairly informative.



He was found guilty of attempted rape, not rape. He was found guilty of penetrating her with a foreign object--his finger(s) while she was unconscious and while she was intoxicated. Those are the three charges.

Note what's not stated: No evidence of semen in her or of penile penetration. He had her DNA on his hands; I have to assume they checked elsewhere and didn't find her DNA there. The Swedes saw her genitals exposed, but made no mention of his genitals being exposed when he stood up. In other words, there's no evidence he raped her under California law, so we have no basis for saying he is rapist. Comparing what they had evidence for in Turner's case with aggravated rape is misguided. If you compare them, they're not the same thing. Perhaps he was simply too drunk to get it up. Perhaps he wasn't going to have intercourse with her. That, at least, is hard to know.

Personally, I don't know how to include the knowledge that he wasn't much less intoxicated than she was. He willingly stripped himself of the ability to think clearly and deprived himself of common sense. On the other hand, that counts as diminished capacity and is the reason women when drunk aren't authorized to give consent.

[mahatmakanejeeves]

18. US magazine gets it wrong too.

Somewhere, an old Associated Press copy editor is reaching for the bottle he keeps hidden in a desk drawer.

As long as there are people with Asperger's,* there will be someone to keep the Wikipedia entry on an even keel.

Brock Turner

Sentencing and controversy

On March 30, 2016, Turner was found guilty of three felonies: assault with intent to rape an intoxicated woman, sexually penetrating an intoxicated person with a foreign object and sexually penetrating an unconscious person with a foreign object.

Talk: Brock Turner

* Forty years ago, I used to hang out with steam locomotive fans. Trust me, they knew every last thing there was to know about locomotives that had been built around the time, not just of World War II, but of World War I. I've taken part in those discussions. If you want to meet people with Asperger's, head for the railroad tracks.

[IronLionZion]

11. What foreign object?

[Crepuscular]

14. According to the testimony

the foreign object involved was his index finger.

[Bucky]

2. Because this is America, I only had to google image search Cory Batey to confirm

that yes, it's exactly why I thought.

[Blue_Tires]

7. kick for truth

[Crepuscular]

8. Turner was not convicted of rape

I'll buy into "college sports hero privilege" playing a role in the leniency of the sentence but the white privilege claim is soundly rebutted by comparing Turners conviction to that of Sam Ukwuachu, an African American Baylor football player who was expected play in the NFL. Like Turner, Ukwuachu was convicted of Sexual Assault and also received an astoundingly light sentence of 6 months in the county jail, instead of a longer prison term. Almost identical sentences for similar crimes, one black and one white, both student athletes.

http://www.nytimes.com/2015/09/01/opinion/joe-nocera-baylor-football-and-rape.html

[IronLionZion]

12. Judge Who Coddled Stanford Rapist Brock Turner Once Ran as Tough on Rape

http://www.thedailybeast.com/articles/2016/06/07/how-judge-aaron-persky-went-from-battling-sexual-predators-to-coddling-one.html

Judge Aaron Persky of Santa Clara Superior Court takes pride in having once been a sex crimes prosecutor.

“I became a criminal prosecutor for the Santa Clara County District Attorney’s Office, where I now prosecute sex crimes and hate crimes,” he wrote in a biography for the California League of Women Voters when he was running for a judgeship in 2002. “I focus on the prosecution of sexually violent predators, working to keep the most dangerous sex offenders in custody in mental hospitals.”

Persky likely figured that his résumé would go over well with women, but he nonetheless lost the election to a fellow prosecutor. He was appointed to the bench the following year by then Gov. Gray Davis.

[leftyladyfrommo]

13. I just read that there is a rape every two weeks

At Stanford. And the figures are just as bad at other big name schools.

[etherealtruth]

15. California Rape laws

But there are also a variety of rape-related crimes that fall under the umbrella of California rape law. These include:

Penal Code 262 PC "Spousal Rape",
Date Rape,
Penal Code 261.5 PC "Statutory Rape",
Penal Code 266c PC "Oral Copulation by Force", and
Penal Code 289 PC "Forcible Penetration with a Foreign Object."
The punishment, penalties, and stigma that flow from a California rape conviction can be severe. The punishment for rape in California includes three (3), six (6) or eight (8) years in California state prison.2 And if the alleged victim was a minor, the minimum sentence is seven (7) years...and the maximum is thirteen (13) years.3

http://www.shouselaw.com/rape.html

[Jeneral2885]

16. Blame it all

on the nights on broadway...

ok, sorry Bee Gees.

He did it but daddy says "20 minutes of action"