Brock Turner, the former Stanford University student athlete convicted of sexual assault, is set to walk out of jail after serving just half of his six-month sentence, records show.
Turner will have spent three months in prison when he is released from Santa Clara County jail Friday, September 2, after being convicted of three felony counts in connection to the attack on an unconscious woman outside a fraternity house in January 2015.
Early releases are common for good behavior.
The 20-year-old former swimmer was found on top of the woman, who was not moving, outside Kappa Alpha fraternity.
He was found guilty of assault with the intent to commit rape of an intoxicated or unconscious person, sexual penetration of an intoxicated person and sexual penetration of an unconscious person.
He faced a maximum prison sentence of ten years, but Superior Court Judge Aaron Persky sentenced him to six months behind bars and three years of probation, noting at the time that a lengthier penalty would have a “severe impact” on Turner.
The lenient sentence was met with public outcry and Persky now faces a recall campaign over his decision.
California lawmakers unanimously voted on Monday to fix the loophole that let Turner receive such a short sentence for his crimes, passing legislation that would compel mandatory prison sentences for defendants 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.
“Sexually assaulting an unconscious or intoxicated victim is a terrible crime and our laws need to reflect that,” Assemblyman Bill Dodd (D-Napa), who sponsored the policy with two other Democrats, said in a statement.
Dodd added: “Letting felons convicted of such crimes get off with probation discourages other survivors from coming forward and sends the message that raping incapacitated victims is no big deal," Dodd said.
AB 2888, which would not allow for a judge to grant probation or lift sentences, was written by Santa Clara County District Attorney Jeff Rosen, who criticized Persky’s sentence when it was first handed down.
“The punishment does not fit the crime,” Rosen said.
The new law is awaiting Governor Jerry Brown’s signature.
Turner must attend drug and alcohol counseling and receive random testing, which the probation department handling his case recommended.