A man having sex with an unconscious woman=Rape
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.
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.
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.
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:
You were questioning his guilt just a few posts ago 
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.
“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.
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.
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.
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.
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.
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?
Just as an FYI, presentence reports are not generally a matter of public record in any criminal case.
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.
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.
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?
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.
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.