# Would a black rapist have received such a lenient sentence? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [June 6, 2016, 7:33pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668 "2016-06-06T19:33:49Z")\ **Posts on this page:** 20\ **Page:** 7
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [June 7, 2016, 6:08pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/121 "2016-06-07T18:08:52Z")
> [@treis](#): > > And sentenced by a Judge who presumably saw the same. > > Ultimately my point is that these accusations of white male privilege rest on their own biases and assumptions. \*\*We hear man having sex with unconscious woman and fill in the blanks. \*\* We assume that he is the one that pursued her because that’s what men do. We assume that he lured her because no woman would ever want to have sex behind a dumpster. Then we assume that the Judge didn’t give him an appropriate sentence because the justice system doesn’t take rape seriously. > > Maybe there is evidence to back up everything in the paragraph above, but I don’t get the sense that people even care to look. It’s not about the facts in this case. It’s about what role he fits into in the narrative in their minds. A man having sex with an unconscious woman=Rape ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [June 7, 2016, 6:09pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/122 "2016-06-07T18:09:02Z")
> [@aldiboronti](#): > > Many on the net are calling this kid a convicted rapist. He wasn’t convicted of rape but attempted rape. The prosecutor dropped the initial rape charge… I’m not crying over the miscommunication, given that he had penetrated her with his finger, and was probably well on the way to inserting his dick when the cycling Swedes stopped him. You’re hung up on a technicailty. > [@](#): > > I think this goes some way towards explaining the lighter sentence It doesn’t go toward explaining the lighter sentence. Not a bit. He sexually assaulted her violently, fought the charges hard in court, showed no remorse, his chracter witnesses blamed the victim, yet he gets a mere six months out of a maximum 14 for what he was convicted of. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [June 7, 2016, 6:12pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/123 "2016-06-07T18:12:33Z")
> [@treis](#): > > The point is that we shouldn’t round up an internet mob and virtually lynch a judge based on what is likely. We should care about the facts. The facts are that 12 jurors unanimously found Brock guilty, showing they foudn the evidence did not even come close to supporting his story of consent and happiness (that he changed a couple of times). ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [June 7, 2016, 6:21pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/124 "2016-06-07T18:21:26Z")
> [@Mr.Miskatonic](#): > > The facts are that 12 jurors unanimously found Brock guilty, showing they foudn the evidence did not even come close to supporting his story of consent and happiness (that he changed a couple of times). No one here is arguing that he isn’t guilty of a crime. ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [June 7, 2016, 6:32pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/125 "2016-06-07T18:32:49Z")
> [@Dangerosa](#): > > There are facts we know. > > We know she had abrasions > We know she was unconscious when found > We know he ran away when approached leaving her behind > We know his story changed when he realized she didn’t remember > We know she was digitally penetrated Yes, we know she was raped. We don’t know about mitigating or aggravating circumstances that did or did not justify a lesser sentence. > [@Dangerosa](#): > > We know she was drunk - we don’t know if he was drunk - we only have his word on that. > [@](#): > > Alice King — a supervising criminalist for Santa Clara County — also testified. Given nominally hypothetical situations corresponding to Doe and Turner on Jan. 18, King estimated that the Doe and Turner’s blood alcohol content (BAC) levels at 1 a.m. would have been .242 to .249 and .171, respectively. For scale: > [@](#): > > 0.16 - 0.19 BAC - The drinker has the appearance of a “sloppy drunk.” At this point, most drinkers begin to feel incapacitated. Many social drinkers will pass out. Nausea begins to set in and the drinker has difficulty focusing on any object. > > 0.20 BAC Out of it. Confused. Dizzy. Requires help to stand or walk. If injured may not feel the pain. Nausea and vomiting. The gag reflex is impaired and you can choke if you do vomit. Blackouts are likely. > > 0.25 BAC All mental, physical and sensory functions are severely impaired. Near total loss of motor function control. Increased risk of asphyxiation from choking on vomit and of seriously injuring yourself by falls or other accidents. [http://www.lifeloc.com/measurement.aspx](http://www.lifeloc.com/measurement.aspx) ---
**Author:** ![Enola\_Gay](https://avatars.discourse-cdn.com/v4/letter/e/3ab097/32.png) [@Enola\_Gay](https://boards.straightdope.com/u/Enola_Gay)\ **Post date:** [June 7, 2016, 6:37pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/126 "2016-06-07T18:37:38Z")
> [@treis](#): > > I find this statement to be very interesting. The details are sketchy yet “Turner moves in” is given as a fact. It speaks to the assumption that most of us have that it’s the man who initiates sexual encounters. In this way, \*\*Turner’s guilty until proven innocent. Society has assumed he is a predator but I haven’t seen a lot of facts to support that. \*\* > > Now, I have no idea of what happened. \*\*The only two facts I see reported are that they were both drunk and she was unconscious when the bikers stumbled upon them. The “evil” extreme is that he found her drunk and raped her. The “good” extreme is that two drunk people had consensual sex and one of them passed out in the middle. \*\* I’d like to know where this fell before deciding if 6 months is appropriate. > [@treis](#): > > No one here is arguing that he isn’t guilty of a crime. You were questioning his guilt just a few posts ago 😕 ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [June 7, 2016, 6:40pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/127 "2016-06-07T18:40:07Z")
> [@treis](#): > > Yes, we know she was raped. We don’t know about mitigating or aggravating circumstances that did or did not justify a lesser sentence. > ] I believe the judge on probation officer stated their ‘mitigating reasons’; that is they were worried a longer sentence might adversely affect him, and by all their own words didn’t care a whit for the victim of the crime. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [June 7, 2016, 6:42pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/128 "2016-06-07T18:42:52Z")
“A prison sentence would have a severe impact on him. I think he will not be a danger to others.” Judge Aaron Persky of the Santa Clara County Superior Court. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [June 7, 2016, 6:45pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/129 "2016-06-07T18:45:11Z")
Look **treis** the very fact that the sentencing report recommended a low sentence, one which the judge accepted, and the prosecution did not ask for a particularly heavy sentence in the first place suggests that everyone involved thought that mitigating circumstances were present, what misgivings do you have wrt conviction? Can anyone provide a link to the pre sentence report and the judges complete remarks? I would like to read the thing without soundbytes. ---
**Author:** ![Mr.Miskatonic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mr.miskatonic/32/310_2.png) [@Mr.Miskatonic](https://boards.straightdope.com/u/Mr.Miskatonic)\ **Post date:** [June 7, 2016, 6:45pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/130 "2016-06-07T18:45:59Z")
> [@treis](#): > > No one here is arguing that he isn’t guilty of a crime. He sure tried to deny being guilty. Hired a high-price lawyer, dragged it out through trial, ran the victim through hell, never showed remorse for his assault. Usually when you go through a whole trial the punishment is \*stronger \*than if you plead guilty. Not here, apparently. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [June 7, 2016, 6:47pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/131 "2016-06-07T18:47:45Z")
> [@treis](#): > > All reasonable points but it’s hard for me to read a post like Dangerosa’s and not see bias. I’ll admit I’m biased. I’m anti-rape and anti-rapist. Let’s keep in mind we’re not talking about somebody who’s been accused of a crime. The trial’s over and he was convicted. All we are debating here is what sentence is appropriate for the crime. ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [June 7, 2016, 6:51pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/132 "2016-06-07T18:51:11Z")
> [@Enola\_Gay](#): > > You were questioning his guilt just a few posts ago 😕 Sorry that wasn’t clear. In both cases he is guilty of a crime. The predator portion was referring to how they met. By that, I mean the assumption that he approached her with the intent of taking advantage of how drunk she was to assault her. ---
**Author:** ![muldoonthief](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muldoonthief/32/3188_2.png) [@muldoonthief](https://boards.straightdope.com/u/muldoonthief)\ **Post date:** [June 7, 2016, 6:56pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/133 "2016-06-07T18:56:47Z")
So you’re saying his original plan was to find someone at the party who’d have consensual sex with him, but when that didn’t work out he went to the backup plan of assaulting a drunk woman, and that’s somehow a mitigating factor? Really? ---
**Author:** ![Asimovian](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asimovian/32/172_2.png) [@Asimovian](https://boards.straightdope.com/u/Asimovian)\ **Post date:** [June 7, 2016, 7:07pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/134 "2016-06-07T19:07:08Z")
> [@AK84](#): > > Can anyone provide a link to the pre sentence report and the judges complete remarks? I would like to read the thing without soundbytes. Just as an FYI, presentence reports are not generally a matter of public record in any criminal case. ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [June 7, 2016, 7:18pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/135 "2016-06-07T19:18:00Z")
> [@Little\_Nemo](#): > > I’ll admit I’m biased. I’m anti-rape and anti-rapist. > > Let’s keep in mind we’re not talking about somebody who’s been accused of a crime. The trial’s over and he was convicted. All we are debating here is what sentence is appropriate for the crime. That’s not what this thread was about. This thread assumes that the sentence was not appropriate. The only question being if a black rapist could receive a similarly light sentence. So the assumption from the beginning was that the Judge doesn’t take rape seriously and the only question being if he is a racist on top of that. ---
**Author:** ![Johnny\_Ace](https://avatars.discourse-cdn.com/v4/letter/j/6bbea6/32.png) [@Johnny\_Ace](https://boards.straightdope.com/u/Johnny_Ace)\ **Post date:** [June 7, 2016, 7:23pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/136 "2016-06-07T19:23:07Z")
This whole thing disgusts me. I have no words right now. 6 months (and likely release in 3)? It’s a joke. He should have gotten years. His lawyers have already declared their intent to appeal the sentence. Unbelievable. Unfortunately, I don’t think a judge can actually increase a sentence on appeal. Maybe someone with more legal experience than I can clarify that. I don’t care what you call it, this is not justice. ---
**Author:** ![AK84](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AK84](https://boards.straightdope.com/u/AK84)\ **Post date:** [June 7, 2016, 7:55pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/137 "2016-06-07T19:55:11Z")
> [@Asimovian](#): > > Just as an FYI, presentence reports are not generally a matter of public record in any criminal case. I would not expect them to be; unless its becomes a point on appeal; but I suspect ones in California they do look both at the circumstances of the act and the effect on the convict before recommending sentence, rather than just the later, as seems to be assumed by most reports? ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [June 7, 2016, 8:46pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/138 "2016-06-07T20:46:14Z")
> [@treis](#): > > That’s not what this thread was about. This thread assumes that the sentence was not appropriate. The only question being if a black rapist could receive a similarly light sentence. So the assumption from the beginning was that the Judge doesn’t take rape seriously and the only question being if he is a racist on top of that. A black rapist COULD, but it would depend on him having a sympathetic judge who related to him. There are just a lot more white judges who did crazy things in college. ---
**Author:** ![Dangerosa](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Dangerosa](https://boards.straightdope.com/u/Dangerosa)\ **Post date:** [June 7, 2016, 8:49pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/139 "2016-06-07T20:49:31Z")
> [@treis](#): > > Yes, we know she was raped. We don’t know about mitigating or aggravating circumstances that did or did not justify a lesser sentence. > > For scale: > > [http://www.lifeloc.com/measurement.aspx](http://www.lifeloc.com/measurement.aspx) Did he have a BAC run on him while he was still drunk? - she went to the hospital, so medical professionals will corroborate her state of intoxication - did he have similar expert witnesses to his? ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [June 7, 2016, 9:19pm UTC](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668/140 "2016-06-07T21:19:12Z")
> [@Dangerosa](#): > > Did he have a BAC run on him while he was still drunk? - she went to the hospital, so medical professionals will corroborate her state of intoxication - did he have similar expert witnesses to his? That quote was from a “Santa Clara County Criminalist”, presumably the one that ran the BAC test. It doesn’t say how she got those numbers but it’s safe to assume it was a blood or brethalyzer test. > **[Brock Turner trial continues in second week of testimony](https://stanforddaily.com/2016/03/21/brock-turner-trial-continues-in-second-week-of-testimony/)** > > Monday marked the third day of testimonies in the ongoing trial of Brock Turner, the former Stanford freshman and varsity swimmer accused of sexually assaulting an intoxicated, unconscious woman behind Kappa Alpha (KA) fraternity house last January. [Previous page](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668.md?page=6) [Next page](https://boards.straightdope.com/t/would-a-black-rapist-have-received-such-a-lenient-sentence/756668.md?page=8)