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

[cali]

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/

[niyad]

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

[cali]

3. Yeah, me too.

and I am very tempted.

[Aristus]

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

Really bad judgment, judge...

[niyad]

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.

[Igel]

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?

[justiceischeap]

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

you can't give consent.

[niyad]

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.

[niyad]

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.

[gratuitous]

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.

[trotsky]

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!

[Eugene]

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.

[niyad]

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

check those records.

[cali]

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

[WillowTree]

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

[uponit7771]

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

[Odin2005]

15. I'm speechless.

[cali]

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

one's outrage and disgust with this man?

[niyad]

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

[smirkymonkey]

19. Grrr! This just enrages me!

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