Brock Turner, the former Stanford University swimmer who many thought escaped proper punishment after he served just three months in prison for sexually assaulting an unconscious woman behind a dumpster, has filed yet another appeal of his conviction — this time by arguing that he never intended to have sexual intercourse with his victim, but instead only wanted “outercourse.”
Lawyers for Turner, who have previously argued that “party culture” was really to blame for the the assault, appeared before justices at an appellate court hearing in San Jose, California, on Tuesday in an attempt to overturn his conviction for attempted rape. Turner, argued attorney Eric Multhaup, was seen by witnesses wearing clothes as he assaulted a woman who was severely intoxicated. Multhaup contends that because witnesses said Turner was clothed as he thrusted his body into the victim’s, Turner was not attempting to penetrate the woman, who was half-naked at the time.
According to The Mercury News, many on the panel of justices appeared openly incredulous of Turner’s latest legal argument. “I absolutely don’t understand what you are talking about,” said Justice Franklin D. Elia.
Turner, who had previously appealed his March 2016 conviction by claiming that the trial was “a detailed and lengthy set of lies,” is seeking to avoid being permanently registered as a sex offender. Following his original trial, anger over his apparent refusal to acknowledge his actions as wrong and harmful — cemented by the damning testimony of his victim — exploded into widespread public outrage after he was sentenced to just six months in prison, only three months of which he was required to serve. Criticism over the lax sentence would lead to the recall of Judge Aaron Persky, who presided over Turner’s case — the first time in more than 80 years that a judge had faced recall in the state.
Areva Martin, a legal expert, told ABC News Turner’s lawyers’ latest gambit is tantamount to “a Hail Mary pass.”
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