Stanford University sexual assault case sentencing seen as too lenient by legal experts

The six-month jail sentence given to a Stanford University swimmer convicted of sexual assault that sparked widespread outrage is viewed as unusually lenient by some in the legal community.

David LaBahn, president of the D.C.-based Association of Prosecuting Attorneys, said whileSanta Clara County Judge Aaron Persky'ssentence was reasoned and lawful, it was also disappointing.

"Absolutely. You look at what the conductwas and six months?Really?"

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LaBahn said thesentence given to Brock Turner, 20 which also includes three yearsof probation and having to register as a sex offender for the rest of his life was more in line with a first-timeconviction forauto theft or a residential burglary, not for the "very serious" charges he faced.

'Emboldens those of privilege'

"The light sentence in the Brock Turner case is problematic for several reasons, but at least in part because it emboldens those of privilege or an athletic background," said DanielleDe Smeth,a California-based criminal attorney.

Turner, formerly an Olympic swimming hopeful, wasconvicted of assault with intent to commit rape of an intoxicated victim and two charges of digitally penetrating an unconscious and intoxicated victim. He had initially been charged with rape of the 23-year-old woman, but thosecharges weredropped.

In hissentencing,Persky said he took into consideration Turner's intoxication, letters of support, remorsefulness, clean criminal record and, controversially,the effectthe conviction wouldhave on his life.

Turner and the victim metat an on-campus fraternity party the night of Jan. 17, 2015, and, according to witnesses, had left the party together. Soon after, two graduate students say they saw Turner on top of the woman and thrusting his hips. One of the students said it appeared the woman was unconscious and that Turner tried to run off when they approached to check on her.In an emotional statementread in court, the victimdescribed how the attack has left her emotionally scarred.

Some are pushing for Persky's recall in Change.org petitions, andStanford University law professor Michele Dauber, a friend of thevictim, launched a campaign to remove Persky from the bench

"The judge's decision does not seem to be driven by the facts of the case, but instead carried by a deep-rooted misogyny which we are only beginning to address in American society," De Smeth said.

'Thoughtful and intelligent judge'

But that characterizationof Persky is unfair, say somewho have worked with the judge. Nancy Brewer, a retired assistant public defenderwith Santa Clara County, said that Persky is widely regarded as "a competent, thoughtful and intelligent judge."

Brewer noted that Persky,a former prosecutor who worked onsexually violent predator cases,is respected by both prosecutors and defenders, is seen as a fair judge who is notsoft on crimeor someone who gives lenient sentences.

"Persky, who was familiar with all the facts of the case, carefully evaluated the evidence and did what he thought was a fair and appropriate sentence in the case," she said."I also find it disheartening that so many people have such strong and virulent opinions based on partial and sometimes inaccurate information."

Thesentencing, it seems, was also basedon the Santa Clara County Probation Department'spre-sentence investigation report.That report includedinterviews with both Turnerand the victim and recommended only a year in county jail andprobation.Brewer noted, however,thatwas"quite unusual" coming from a department that is"very tough on sex offenders."

DannyCevallos, a Pennsylvania based criminal defence lawyer and CNN legal analyst, said thejudge "absolutely is obliged to consider very seriously the [probation department] report."

Cevallos said he believes the sentence was lenient, but said people need to consider Turner's prior cleanrecord.

"When people who are not involved in the criminal justice systemlook at this sentence, it does seem very very light. But when you take a step back ...what you do is is you look at this particular defendant."

'No prior record'

All sentencing is a function of two major factors:the gravity of the crime andthe prior record, Cevallos said.

"He has no prior record, he'sgot letters of recommendation thatare far beyondthe norm. Intheworld of sentencing,he is a viable candidate for a minimum sentence," he said.

The prosecution had recommended a six-year prison sentence for Turner.

The maximum sentence for Turner's crimes would be 14 years with two years being the minimum sentence. But the California penal code doesallowa judge to depart from thestatutory minimum,Cevallos said.

"The judge has to affirmatively look for justifications in the statute to justify departing from that statutory minimum," he said. Those justificationsin the code include a defendant'slack of criminal history and, as the judge stated in his sentencing,the effect incarceration will have on the guilty party.

"This was definitely a candidate for a sentence on the low end of the guidelines, but I don'tknow if Iwould have departed from the statutoryminimum. The guidelinesexist for a reason," Cevallos said.

"He chose to depart from statutoryminimumThat's a risky thing for [an elected] judge to do, but it'slegal."