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Wed Jun 15, 2016, 06:18 PM

 

Judge on Stanford attacker's consent claims: "I take him at his word"

Ugh.

A recently-released transcript of the sentencing hearing for Brock Turner, the ex-Stanford swimmer convicted of sexually assaulting an unconscious woman, sheds new light on a judge's controversial decision to sentence Turner to six months in jail.

At the June 2 hearing, Turner's lawyer Mike Armstrong argued that Turner has admitted digitally penetrating the woman, but says that "in his drunken state, he remembered consent." In explaining his sentence, Santa Clara County Superior Court Judge Aaron Persky's appears to believe Turner is being truthful in that regard.

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http://www.cbsnews.com/news/brock-turner-ex-swimmer-judge-in-stanford-sex-assault-case-i-take-him-at-his-word/

19 replies, 1106 views

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Reply Judge on Stanford attacker's consent claims: "I take him at his word" (Original post)
cali Jun 2016 OP
niyad Jun 2016 #1
cali Jun 2016 #3
Aristus Jun 2016 #2
niyad Jun 2016 #5
Igel Jun 2016 #8
justiceischeap Jun 2016 #9
niyad Jun 2016 #10
niyad Jun 2016 #4
gratuitous Jun 2016 #6
trotsky Jun 2016 #17
Eugene Jun 2016 #7
niyad Jun 2016 #11
cali Jun 2016 #14
WillowTree Jun 2016 #12
uponit7771 Jun 2016 #13
Odin2005 Jun 2016 #15
cali Jun 2016 #16
niyad Jun 2016 #18
smirkymonkey Jun 2016 #19

Response to cali (Original post)

Wed Jun 15, 2016, 06:20 PM

1. there are words--but they would get me banned.

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Response to niyad (Reply #1)

Wed Jun 15, 2016, 06:22 PM

3. Yeah, me too.

 

and I am very tempted.

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Response to cali (Original post)

Wed Jun 15, 2016, 06:21 PM

2. "He told me he was innocent! What was I supposed to do? Not believe him?"

Really bad judgment, judge...

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Response to Aristus (Reply #2)

Wed Jun 15, 2016, 06:26 PM

5. believes the rapist, not the woman. geez, colour me soooooo not surprised. for a guy

who used to be a prosecutor specializing in sex crimes, one would think he would know better.

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Response to niyad (Reply #5)

Wed Jun 15, 2016, 07:44 PM

8. The woman said nothing but that she didn't remember the attack.

That's sort of a problem. It's not he-said/she-said.

It's he-said/ ... .

Even if the judge said, "Don't believe the kid" it wouldn't have much mattered, I suspect because there's no competing claim. Instead of, "I take him at his word," the judge would have said, "No basis for an opinion." Which leaves us ... where, exactly?

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Response to Igel (Reply #8)

Wed Jun 15, 2016, 08:07 PM

9. Well, in CA if you're legally impaired, I think passed out applies in this case

you can't give consent.

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Response to Igel (Reply #8)

Wed Jun 15, 2016, 10:48 PM

10. there is the medical evidence, for one thing. and, as was pointed out, if the woman was

unconscious (which is how the swedes found her) she was incapable of consent. PERIOD! I do not know why this is such a difficult concept for some to grasp.

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Response to cali (Original post)

Wed Jun 15, 2016, 06:25 PM

4. but the 12 page letter of the woman means absolutely nothing to you, persky?

you are nothing more than a rape apologist, and I hope your days on the bench are coming to a close through recall. you are a disgrace.

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Response to cali (Original post)

Wed Jun 15, 2016, 06:32 PM

6. Classic confusion there, your honor

Of course you can take the defendant at his word that he "remembered consent." It's very convenient and self-serving for Mr. Turner to say so, but there's no reason to doubt that that's what Mr. Turner remembered. After all, even a judge can't read a person's mind.

The problem with Mr. Turner's remembrance, though, is that the woman he was in the process of raping wasn't conscious. It's really tough to get someone's consent in that state. That thing I just said about reading a person's mind? Yeah, it goes for the defendant, too. He can't read his victim's mind and claim there was consent when she wasn't competent to give consent because she was unconscious.

See how that works, your honor? It sounds like you were gulled, either by a devious defendant who is much smarter than you, or of your own volition.

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Response to gratuitous (Reply #6)

Thu Jun 16, 2016, 09:57 AM

17. Yes. This is something many don't understand.

Consent isn't a one-time yes or no. It is an ongoing agreement for personal intimacy. If someone consents to sexual contact, THEY CAN CHANGE THEIR MIND AT ANY TIME! And if they're unconscious, that's a NO. Always. This should not be difficult!

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Response to cali (Original post)

Wed Jun 15, 2016, 07:21 PM

7. This should be unbelievable. Unfortunately, there are (too many) more judges like Persky.

"I'll take him at his word" or "I'll give you the benefit of the doubt"
has been heard in many sex assault cases.

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Response to Eugene (Reply #7)

Wed Jun 15, 2016, 10:49 PM

11. makes me wonder. the man used to prosecute sexual assault cases. maybe somebody should

check those records.

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Response to niyad (Reply #11)

Thu Jun 16, 2016, 08:26 AM

14. yeah. that I'd like to see.

 

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Response to cali (Original post)

Wed Jun 15, 2016, 11:17 PM

12. Does Judge Persky have a daughter we can introduce Brock to?

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Response to cali (Original post)

Wed Jun 15, 2016, 11:21 PM

13. The two Swedish guys said the girl wasn't moving, how is the judge going to believe Turner over...

... two sober people?

Yeah, he should be recalled or impeached or some shit... he's a horrible

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Response to cali (Original post)

Thu Jun 16, 2016, 09:15 AM

15. I'm speechless.

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Response to Odin2005 (Reply #15)

Thu Jun 16, 2016, 09:21 AM

16. And why not? Really, what can one say to adequately express

 

one's outrage and disgust with this man?

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Response to cali (Reply #16)

Thu Jun 16, 2016, 11:13 AM

18. my comment to him is the benediction, "may you receive everything you deserve".

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Response to cali (Original post)

Thu Jun 16, 2016, 11:15 AM

19. Grrr! This just enrages me!

 

I can't even say what I am thinking right now!

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