Turner was not in fact convicted of rape, which under Californian law is defined as penetration by the penis of the vagina. There are significant problems with Dauber’s claims. And sixth, Persky implied that a rape on an Ivy League campus by a high-performance athlete is not a real rape. Fifth, Persky relied on evidence – including witness statements – of Turner’s good character. Fourth, Persky said that Turner’s intoxication meant that he was less culpable than he would have been otherwise. Third, Persky placed greater emphasis on the sentence’s impact on Turner than on his victim. Second, Persky referred to Turner’s social status – as an elite athlete at an Ivy League university – to justify the comparatively light sentence. First, Persky ignored the statutory minimum prison sentence set by California’s legislators. Dauber makes a number of specific complaints about Persky’s sentence. The basis of the Dauber petition is that the Santa Clara County superior court judge who made the order, Aaron Persky, does not understand the consequences of violence against women, and is therefore himself a danger to women and unfit to sit on the bench. The petition immediately went viral, and thus far has attracted well over a million signatures, including thousands from within Australia. So manifestly inadequate was the sentence, according to Stanford professor of law and sociology Michelle Dauber, that she launched a petition to recall the judge. The sentencing of Brock Allen Turner, an elite swimmer and Stanford University student convicted of three counts of sexual assault earlier this month, hardly needs an introduction.
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