Tuesday, August 30, 2016

Legislature passes law mandating jail time for sexual assault of a person who is unconscious or too intoxicated to consent


California is one step closer to making prison time mandatory for anyone convicted of sexually assaulting a person who is unconscious or too intoxicated to consent -- a measure inspired by former Stanford University student Brock Turner's sentence.

AB 2888 passed the state Assembly Monday by a unanimous 66-0 vote. It is headed to Gov. Jerry Brown's desk.

Lawmakers proposed the measure in June in response to the outcome in the former Stanford swimmer's trial.

Turner was sentenced to six months in jail and three years of probation for sexually assaulting a 23-year-old unconscious woman in 2015 behind a trash bin on the university's campus. Critics condemned the sentence from Santa Clara County Judge Aaron Persky as too lenient, leading to efforts to recall Persky and change sentencing laws for sexual assault.

The Santa Clara County district attorney's office had requested the maximum sentence of six years, based largely on the woman's condition.

Turner would have served the sentence in a state prison, as opposed to the sentence he is currently serving in the Santa Clara County jail. He is scheduled to be released Friday.

Under current state law, those convicted of certain sex crimes such as rape by force and aggravated sexual assault of a child are ineligible for probation or a suspended sentence and must serve prison time.

AB 2888 would amend the law to create the same punishment for those convicted of rape, sodomy, penetration with a foreign object and oral sex if the victim was unconscious or incapable of giving consent due to intoxication. [...]

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