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When a rapist gets 6 months it means rape isn’t a serious injury

In California battery is defined as “the willful touching of another in a harmful or offensive manner and the person touched suffers serious bodily injury as a result.” (California Penal Code 243d). If the battery occurred during a misdemeanor the sentencing is typically up to 1 year, if it was during a felony then the sentencing ranges from 2-6 years.

Aggravated battery is committing “serious”bodily injury during the assault. The difference between “simple” (bad term, I don’t think any victim of any crime views their assault as simple) and “serious” is the degree of assault and injury. Apparently it’s complicated, but if convicted the sentencing ranges from 2-6 years.

Then there is “great” bodily injury, which is more serious than “serious” and “simple.” Here are some examples taken from the Shouse California Law Group’s website:

  • A dog bite
  • broken bones
  • a black, swollen eye where bruises were still visible after four months
  • blistering and second degree burns that were sustained after the defendant threw hot grease in the victim’s face
  • contusions, swelling, and severe discoloration visible the day after the victim was beaten by a wooden stick
  • bloody knees, abrasions, a painful neck, and vaginal soreness resulting from a rape
  • strangulation to the point of almost passing out
  • gunshot wounds

Other factors that go into deciding great bodily injury are the resulting pain and subsequent medical care.

These lawyers point out that it doesn’t mean that every time this happens a conviction of “great” bodily injury will be handed down, but there is obvious precedent for the physical aftermath of a rape to be considered a “great” injury.

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Brock Turner 

Rape is a felony. In the Brock Turner case there is no doubt it happened. There were two eye witnesses. The police questioned Mr. Turner on the scene and the victim, Ms. Doe, was transported unconscious to the hospital where it was sometime before she woke up, so the idea of consent is ludicrous. If ever there were a legally perfect rape case (I hate that term, but I am trying to make a point), this is it. If a witnessed assault where there is no question of possible consent gets 6 months what hope do other victims have?

When Judge Aaron Persky (running unopposed in today’s election) gave Brock Turner 6 months for raping his victim the message is her injuries did not count as a serious assault. That penetrating the vagina of an unconscious woman behind a dumpster isn’t that bad. That a rape kit is simple. Or that protecting Mr. Turner’s “future” is more important than the debt he owes for damaging Ms. Doe’s. Or all three.

Rememebr, we’re only talking about the physical injuries. When we give a rapist 6 months we are also completely discounting the mental anguish that the victims might be suffering.

And as for Brock Turner’s father who feels that his son doesn’t deserve jail for one 20 minute period of bad behavior (or an “action” as he called it) in a life of otherwise “good” I guess I’d say if your son were unconscious behind a dumpster and an otherwise “good man” were raping your son would you think his injuries not serious and what punishment do you think that man would deserve?

 

Discussion

11 thoughts on “When a rapist gets 6 months it means rape isn’t a serious injury

  1. Perhaps in these affluenza cases the parents should serve the penalty that’s not handed down to the kids.

    A parent who doesn’t think their child deserves jail time for rape has done a seriously bad job of raising that child.

    Posted by Loren Pechtel | June 7, 2016, 8:25 am
  2. I suggest you forward this and your expert comment comments to Senator Barbara Boxer. She is retiring this year but will be continuing to advocate for California issues.

    Posted by Judith Vance | June 7, 2016, 8:29 am
  3. Great post!

    Posted by J2 | June 7, 2016, 8:42 am
  4. I think you may be missing what the dad meant when he said 20 minutes of “action”. Action, in this case, is slang for sex. This is the free dictionary definition of the slang definition of “action”: an interesting or exciting activity, sometimes of an illicit nature. Urban dictionary says “sexual activity”, as in, “Did you get any action last night?” I am about the same age as Brock’s dad, and I recall hearing guys ask if each other if they were “getting any action. Has she put out yet?” This makes what Brock’s dad said even more repulsive. His son only got 20 minutes of action.

    Posted by Chris Wilson | June 7, 2016, 10:09 am
  5. “Our society is confused about who we’re mad at, and who we’re afraid of…”

    Violent criminals get a distinct advantage of drug related offenders (non violent) because the government has proclaimed a war on their behavior. Sexual assault/abuse goes passively through the judicial system because we as a society don’t demand better. Government is a byproduct of society! They’re ELECTED by the populous, and NEVER held accountable for the work they do. In the time it took me to write this reply, at the very least a half dozen women were assaulted, abused, or raped in this country that allows it to happen…

    Posted by Plectrumm | June 7, 2016, 10:20 am
  6. A former Stanford jock gives a ridiculously lenient sentence to a Stanford jock who was spawned by a morally bankrupt half-wit. All three ought to be sent to the Pelican Bay State Prison.

    Appalling.

    Posted by Chikashi | June 7, 2016, 11:59 am
  7. Turner’s father didn’t call it ‘an action’. He called it ‘action’. As if he said, “My son Brock sure gets a lot of action at frat parties.” Action=sex
    Makes me think ol’ dad knows all about ‘getting some action’ in college. I wonder if any of the young women he went to school with were too scared to report their own attack.
    And where is Brock’s mother?!

    Posted by Erin | June 9, 2016, 2:59 pm

Trackbacks/Pingbacks

  1. Pingback: “20 Minutes of Action”; or, My Life as a Promiscuous Cyborg | coffee and a blank page - June 26, 2016

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