In Stanford sex assault case, a tale of two letters
PALO ALTO, Calif. - Two letters written to a California judge who sentenced a man convicted of sexual assault to six months in jail have catalyzed a national discussion about sexual assault on college campuses, and the treatment of both victims and perpetrators.
Former Stanford University swimmer Brock Turner was sentenced last week. Though he faced a maximum of 14 years in prison, and prosecutors asked for six years, Santa Clara County Judge Aaron Persky sentenced him to just six months in county jail. The decision came after Persky received statements from both Turner's supporters and those who wanted to see him harshly punished, including the victim herself.
The young woman Turner assaulted told the court she should not be viewed as "a drunk victim discarded behind a dumpster" nor should the scales of justice be tipped in favor of "the all-American swimmer."
She described going to a party and having drinks, then waking up in a gurney.
A deputy explained I had been assaulted. I still remained calm, assured he was speaking to the wrong person. I knew no one at this party. When I was finally allowed to use the restroom, I pulled down the hospital pants they had given me, went to pull down my underwear, and felt nothing. I still remember the feeling of my hands touching my skin and grabbing nothing. I looked down and there was nothing. The thin piece of fabric, the only thing between my vagina and anything else, was missing and everything inside me was silenced. I still don't have words for that feeling. In order to keep breathing, I thought maybe the policemen used scissors to cut them off for evidence
Then, I felt pine needles scratching the back of my neck and started pulling them out my hair. I thought maybe, the pine needles had fallen from a tree onto my head. My brain was talking my gut into not collapsing. Because my gut was saying, help me, help me.
The victim described the rape tests she then underwent. Her clothes were confiscated while nurses used a ruler to measure her wounds. Photos were taken of her vagina and anus, while cotton swabs were used to collect evidence.
On that morning, all that I was told was that I had been found behind a dumpster, potentially penetrated by a stranger, and that I should get retested for HIV because results don't always show up immediately. But for now, I should go home and get back to my normal life. Imagine stepping back into the world with only that information
Later, she recalled reading about the sexual assault in a local newspaper
At the bottom of the article, after I learned about the graphic details of my own sexual assault, the article listed his swimming times. She was found breathing, unresponsive with her underwear six inches away from her bare stomach curled in fetal position. By the way, he's really good at swimming. Throw in my mile time if that's what we're doing. I'm good at cooking, put that in there, I think the end is where you list your extra-curriculars to cancel out all the sickening things that've happened.
....
One more time, in public news, I learned that my ass and vagina were completely exposed outside, my breasts had been groped, fingers had been jabbed inside me along with pine needles and debris, my bare skin and head had been rubbing against the ground behind a dumpster, while an erect freshman was humping my half naked, unconscious body. But I don't remember, so how do I prove I didn't like it.
She recounted being "revictimized" listening to Turner testify, giving a different story than he initially told police.
And then it came time for him to testify. This is where I became revictimized. I want to remind you, the night after it happened he said he never planned to take me back to his dorm. He said he didn't know why we were behind a dumpster. He got up to leave because he wasn't feeling well when he was suddenly chased and attacked. Then he learned I could not remember.
So one year later, as predicted, a new dialogue emerged. Brock had a strange new story, almost sounded like a poorly written young adult novel with kissing and dancing and hand holding and lovingly tumbling onto the ground, and most importantly in this new story, there was suddenly consent. One year after the incident, he remembered, oh yeah, by the way she actually said yes, to everything, so.
....
According to him, the only reason we were on the ground was because I fell down. Note; if a girl falls help her get back up. If she is too drunk to even walk and falls, do not mount her, hump her, take off her underwear, and insert your hand inside her vagina.
The victim also targeted Turner's own statement to the court, which highlighted his regrets about consuming alcohol.
You said, you are in the process of establishing a program for high school and college students in which you speak about your experience to "speak out against the college campus drinking culture and the sexual promiscuity that goes along with that. "
Speak out against campus drinking culture. That's what we're speaking out against? You think that's what I've spent the past year fighting for? Not awareness about campus sexual assault, or rape, or learning to recognize consent. Campus drinking culture. Down with Jack Daniels. Down with Skyy Vodka. If you want talk to high school kids about drinking go to an AA meeting. You realize, having a drinking problem is different than drinking and then forcefully trying to have sex with someone? Show men how to respect women, not how to drink less.
Drinking culture and the sexual promiscuity that goes along with that. Goes along with that, like a side effect, like fries on the side of your order. Where does promiscuity even come into play? I don't see headlines that read, Brock Turner, Guilty of drinking too much and the sexual promiscuity that goes along with that. Campus Sexaul Assault. There's your first powerpoint slide.
I have done enough explaining. You do not get to shrug your shoulders and be confused anymore. You do not get to pretend that there were no red flags. You do not get to not know why you ran. You have been convicted of violating me with malicious intent, and all you can admit to is consuming alcohol. Do not talk about the sad way your life was upturned because alcohol made you do bad things. Figure out how to take responsibility for your own conduct.
She also discussed how the sexual assault impacted her day-to-day life.
My independence, natural joy, gentleness, and steady lifestyle I had been enjoying became distorted beyond recognition. I became closed off, angry, self-deprecating, tired, irritable, empty. The isolation at times was unbearable. You cannot give me back the life I had before that night either. While you worry about your shattered reputation, I refrigerated spoons every night so when I woke up, and my eyes were puffy from crying, I would hold the spoons to my eyes to lessen the swelling so that I could see. I showed up an hour late to work every morning, excused myself to cry in the stairwells, I can tell you all the best places in that building to cry where no one can hear you, the pain became so bad that I had to tell my boss I was leaving, I needed time because continuing day to day was not possible. I used my savings to go as far away as I could possibly be.
I can't sleep alone at night without having a light on, like a five year old, because I have nightmares of being touched where I cannot wake up, I did this thing where I waited until the sun came up and I felt safe enough to sleep. For three months, I went to bed at six o'clock in the morning.
I used to pride myself on my independence, now I am afraid to go on walks in the evening, to attend social events with drinking among friends where I should be comfortable being. I have become a little barnacle always needing to be at someone's side, to have my boyfriend standing next to me, sleeping beside me, protecting me. It is embarrassing how feeble I feel, how timidly I move through life, always guarded, ready to defend myself, ready to be angry.
A light sentence, she said, would make a "mockery of the seriousness of his assaults." She said she has not been able to forgive Turner because he has not acknowledged that he sexually assaulted her.
But the letter written by Turner's father, Dan, attributed the mistake to alcohol, and argued that "incarceration is not the appropriate punishment" for his son's crime.
In the letter, Dan Turner wrote: "His life will never be the one that he dreamed about and worked so hard to achieve. That is a steep price to pay for 20 minutes of action out of his 20 plus years of life."
I can tell you that he is truly sorry for what occurred that night and for all the pain and suffering that it has caused for all of those involved and impacted by that night. He has expressed true remorse for his actions on that night. Living under that same roof with Brock since this incident, I can tell you firsthand the devastating impact that it has had on my son. Before I elaborate more, I would like to share some memories of my son that demonstrate the quality of his character.
....
I have never once heard him brag or boast about any accomplishment that he has ever achieved. He is simply a very humble person who would rather hear about someone else's accomplishments rather than talk about his own. Brock has an inner strength and fortitude that is beyond anything I have ever seen. This was no doubt honed over many years of competitive swimming and has been a major reason for his ability to cope over the last 15 months.
The letter also details Brock Turner's commitment to athletics and academics, before noting a "culture of alcohol consumption" at Stanford.
In hindsight, it's clear that Brock was desperately trying to fit in at Stanford and fell into the culture of alcohol consumption and partying. This culture was modeled by many of the upperclassmen on the swim team and played a role in the events of Jan 17th and 18th, 2015.
Finally, the letter talks about how the experience of being charged and convicted for sexual assault has impacted Brock Turner.
As it stands now, Brock's life has been deeply altered forever by the events of Jan 17th and 18th. He will never be his happy go lucky self with that easy going personality and welcoming smile. His every waking minute is consumed with worry, anxiety, fear, and depression. You can see this in his face, the way he walks, his weakened voice, his lack of appetite. Brock always enjoyed certain types of food and is a very good cook himself. I was always excited to buy him a big ribeye steak to grill or to get his favorite snack for him. I had to make sure to hide some of my favorite pretzels or chips because I knew they wouldn't be around long after Brock walked in from a long swim practice. Now he barely consumes any food and eats only to exist. These verdicts have broken and shattered him and our family in so many ways. His life will never be the one that he dreamed about and worked so hard to achieve.
Brock Turner is expected to serve three months if his behavior in jail is good. Turner will also have to register as a sex offender for life and complete a sex offender management program.
In a statement released Monday, Stanford University called the sexual assault a "horrible incident" and said it "did everything within its power to assure that justice was served in this case, including an immediate police investigation and referral to the Santa Clara County District Attorney's Office for a successful prosecution."
"Stanford urges its students to do the right thing and intervene and we are proud of our students for stopping this incident. Many other student witnesses cooperated in the investigation," the university said.
Stanford said Turner was banned from campus less than two weeks after the incident, "the harshest sanction that a university can impose on a student."
