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Los Angeles Law Blog

By John Kristensen of Kristensen Weisberg, LLP posted in Sexual Harassment on Thursday, February 1, 2018.
Brock Turner’s Judge May Be Losing His Job for the Light Sentence for the Campus Sexual Assault

When Brock Turner was sentenced to just six months in prison for the sexual assault of a woman at an off-campus fraternity party, many could not believe how lenient the judge had been. Whether the light sentencing resulted from Turner being a Stanford swimmer, and a judge who had also been a Stanford athlete during his university years, or some other thought process, the general consensus was that six months was simply not enough for this sex abuse case, even if Turner is also required to register as a sex offender for the rest of his life. Proving that public sentiment about Turner’s sentence hasn’t changed much since the trial took place, Santa Clara County Register of Voters announced on January 23 that a petition to recall Superior Court Judge Aaron Persky had enough signatures to qualify for a full vote.

What Does This Mean for the Judge?

Basically, Judge Persky may not be a Superior Court judge for much longer, should the vote to recall him be successful. Over 94,000 signatures were added to the petition during its 160-day lifetime, greatly exceeding the required 58,624. A full vote on the issue will now be held on June 5, alongside a ballot to decide on Persky’s replacement, should he be removed from his role. If the judge is, in fact, recalled, it will be the first time in 85 years that a California judge has been removed from his job following a recall election.

Los Angeles Rape and Sexual Assault Laws

Under California law, rape occurs where one person has sexual intercourse with another who is unable, or unwilling, to give consent. For a charge of rape to be brought, this must have involved physical force, violence, fraud, threatening behavior or threats of harm. Some of the situations that may be classified as sexual abuse or rape include:

  • The victim being afraid that they, or someone else, may be injured if they refuse the advances of their attacker
  • The victim suffering from a mental disorder or physical impediment
  • The victim being threatened with incarceration or deportation, should they refuse sexual intercourse
  • The attacker using physical force, violence, or threats of these

As the list is not exhaustive, you should consult a Los Angeles sex offenses attorney if you believe you have been the victim of rape or sexual assault.

Average Sentences for Rape and Sex Abuse

To illustrate just how lenient Brock Turner’s sentence was, punishment for being found guilty of rape can involve up to eight years in prison. Probation may be an option in less violent or forceful cases, whereas cases resulting in the victim’s injury can carry up to 14 years. Sentencing for rape or sex abuse of minors is also harsher, with rape of under-18s potentially punishable with 11 years’ imprisonment, and up to 13 years if the victim was under 14 at the time of the attack.

If someone has accused you of rape or sex abuse, you’ll need an experienced Los Angeles sex offenses attorney to fight your corner. Don’t let your life be ruined by false accusations – contact us on 310-984-1297 to discuss your case and find out how you could benefit from our extensive sex abuse defense experience.