The attorney representing Brock Turner, the former Stanford University swimmer who received what critics called as a lenient sentencing for sexually assaulting an intoxicated female, argued on Tuesday that his conviction should be overturned because he wanted “outercourse,” not intercourse, with her.
Dictionary.com defines “outercourse” as “sexual activity between individuals that does not involve vaginal or anal intercourse.”
Turner’s attorney, Eric S. Multhaup, reportedly explained to a three-judge panel in state appellate court that “outercourse” is sexual contact while fully clothed. According to the Enterprise Record, Turner was fully clothed when two Swedish graduate students caught him making thrusting motions on top of the intoxicated, unconscious, half-naked female he allegedly sexually assaulted outside a frat party on campus in 2015.
Multhaup is now seeking to convince the courts to overturn the attempted rape charge, arguing that Turner never intended to rape the woman because his clothing remained on the entire time.
However, the justices didn’t appear to agree. “I absolutely don’t understand what you are talking about,” Justice Franklin D. Elia said. He added, the law “requires the jury verdict to be honored. We are not in a position to say (of the jury), you should have gone a different way.”
Turner served three months of a six-month jail sentence for the crime of attempting to rape an intoxicated person.
Last month, California made history during the primary election by recalling Santa Clara County Judge Aaron Persky from office. Persky was criticized for handing down what some believed was a lenient sentence to Turner.
The vote marked the first time since 1932 that a California judge had been recalled.
Under state law, Turner is required to register as a sex offender for the rest of his life and faces three years of supervised probation. He has reportedly moved back to Ohio and resides with his parents.