Previous posts in this discussion:
PostUpdate on Stanford Rape Case and Judge Persky (Edward Jajko, USA, 08/29/16 2:13 pm)
Further to my posting of July 16 on the rape laws of California and the notorious slap-on-the-wrist penalty imposed by Judge Aaron Persky. Today's San Francisco Chronicle reports that some 200 proposed laws await Governor Brown's signature. One is AB701, which defines rape as unlawful penetration by any object. The matter of relative gravity, of an act on an unconscious person being not as serious as one on a conscious person, seems not to have been addressed.
Recent newspapers have reported that Judge Aaron Persky, who sentenced Brock Turner to six months in county jail for his crime, remains a target of a recall vote. He is unopposed on the Nov. 8 ballot, so even if there were a fairly successful protest against him and if the voters of Santa Clara County managed to withhold their votes from him, if even one sympathizer voted for him he would be elected. However, the recent news is that Judge Persky asked the presiding judge to reassign him to civil cases only. Potential jurors had refused to serve in his court, a prosecutor had pulled a case out and taken it to another judge, and Persky had made the headlines again with his treatment of another student athlete.
More on this when Brown acts.
JE comments: I'm still baffled. Why didn't anyone run against Persky?
Stanford Rape Case
(Bienvenido Macario, USA
08/31/16 4:57 AM)
My understanding of the Stanford case is that the victim was "sexually assaulted digitally" while unconscious. There was no sexual intercourse involving male and female sex organs. The legal definition of rape is sexual intercourse without consent. I read that by law the accused should be charged with sexual assault, not rape. But the community wanted a sentence more than just six months in jail. A pound of flesh?
In meantime, US Olympic swimmer Ryan Lochte lost his lucrative endorsement deal(s) when it was revealed he lied about being robbed in Rio de Janeiro by men posing as policemen. However, security footage revealed Ryan and three other men were questioned by security for vandalizing a restroom in a petrol alley.
Why can US politicians get away with, and even prosper, in their careers while lying, conniving and misrepresenting their constituents, while Olympians are ruined for doing a bit of exaggeration? Maybe Ryan Lochte should go to Washington DC.
Finally, congratulations to our esteemed editor on the start of his 11th year as WAIS editor.
JE comments: The answer to Bienvenido's question is that politicians don't get fat endorsement deals. Gotta protect the brand. I'm confident that Speedo would revoke its contract with Anthony Weiner too, if it had one in the first place. (!)
Thank you, Bienvenido, for the anniversary wishes. Ever since we met in 2001, I've considered you a good friend and one of WAISworld's most loyal citizens. I wouldn't be here without your support.
California Rape Laws: No Means No
(Deborah Dupire-Nelson , USA
09/01/16 4:21 AM)
In response to Bienvenido Macario (31 August), sexual intercourse is most certainly not required as an element of rape. Any vaginal or anal penetration, with any object whatsoever, in the absent of consent constitutes rape. (Only "yes" means "yes." When in doubt, don't.) Oral penetration without consent by a sexual body part also constitutes rape.
While I write from California, it should be noted that rape laws may vary somewhat from state to state.
JE comments: Greetings to WAISer Debbie Dupire-Nelson. It's always a treat to hear from her--although I'm sorry the context here is so disturbing.
The debate in California is centered on changing the legal definition of rape, so that there won't be a repeat of the lenient six-month sentence imposed on the Stanford student. The case has met with so much public outrage because of the belief that the elite often go unpunished for their crimes. Would Brock Turner have received a longer sentence if he went to Foothill College?
Here's WAIS Synchronicity II for September 1st: Guess who is scheduled to leave jail tomorrow?
- California Rape Laws: No Means No (Deborah Dupire-Nelson , USA 09/01/16 4:21 AM)