Vote 2020 graphic
Everything you need to know about and expect during
the most important election of our lifetimes

Brock Turner's Lawyer Insists to Appeals Court That His Client Wanted 'Outercourse'

Illustration for article titled Brock Turners Lawyer Insists to Appeals Court That His Client Wanted Outercourse
Photo: AP

Back in December, San Jose’s Mercury News reported that Brock Turner, the former Stanford swimmer who spent a mere three months in jail after being convicted on charges of assaulting and attempting to rape an intoxicated woman, was appealing this decision.

On Tuesday, Turner’s lawyer, Eric Multhaup, attempted to convince an appellate court that his client’s conviction should be overturned on the grounds that Turner wanted “outercourse” with his victim, not intercourse. Multhaup went on to furnish a description of “outercourse” which he defined as fully-clothed sexual contact. According to the Mercury Newsreport Multhaup was focused specifically on trying to get Turner’s attempted rape conviction reversed.

Advertisement

Mercury News reported that the panel of justices, who have 90 days to issue a ruling, “appeared skeptical of [Multhaup’s] argument.” Justice Franklin D. Elia said in response to the lawyer’s display, “I absolutely don’t understand what you are talking about.”

In March 2016, Turner was found guilty of three felony counts stemming from his assault of a woman during a Kappa Alpha frat party in January, 2015. The conviction was based upon accounts from witnesses who said they saw Turner thrusting his hips on top of an unconscious, partially clothed woman. Although he didn’t serve much time, as a result of his conviction Turner has to register as a sex offender fo the rest of his life.

Advertisement

Michele Dauber, the Stanford law school professor who spearheaded the campaign to recall Judge Aaron Persky after he handed down Turner’s absurdly lenient sentence, told Mercury New on Tuesday, “Now [Turner] has a brand new story. It’s inappropriate to ask the appeals court to substitute its judgment for the jury.”

contributing writer, nights

Share This Story

Get our newsletter

DISCUSSION

blahblahblahyousangtome
notmyyacht

I went to law school, and I’ve heard some absolutely absurd arguments in my time, but holy crap on a cracker, this takes the cake.

From CNN: “’There’s no evidence at what point she went from being incapacitated from alcohol to loss of consciousness,’ he argued.” Oh, well then. I guess if you’re just “incapacitated,” then you’re still capable of consent? Yeah, okay.

Also, from other reporting: “Multhaup said because Turner was not naked and his genitals were not exposed when the two graduate students confronted him, the lack of evidence did not meet the standard of reasonable doubt pointing to an intent to rape.” So what this attorney is suggesting is that a dude has to be buck-ass naked with his dick hanging out in order for there to be substantial evidence of an intent to rape? You’ve gotta be shitting me. This was a matter of him being interrupted before he could get his junk out of his pants. Digital penetration is still sexual assault, asshat.

God, sorry, but as a survivor of sexual assault, I can’t stomach this.