FYI.

This story is over 5 years old.

News

Judge in Stanford Rape Case Removed From Another Sexual Assault Trial

Prosecutors said they lacked confidence that the judge who sentenced Brock Turner to six months in jail could "fairly participate" in an upcoming case.
Brock Turner y el juez Aaron Persky. (Imágenes vía Reuters)

Aaron Persky, the California judge who has faced intense criticism for sentencing former Stanford swimmer Brock Turner to just six months in jail for raping an incapacitated woman behind a dumpster after a campus frat party, has been removed from a second sexual assault case at the request of prosecutors.

In the new case, male nurse Cecil Webb is accused of touching his patient's breast and vagina when she was unconscious before hospital surgery.

Advertisement

"We lack confidence that Judge Persky can fairly participate in this upcoming hearing in which a male nurse sexually assaulted an anesthetized female patient," said Santa Clara District Attorney, Jeff Rosen, in a statement. Rosen added that the decision was "rare and carefully considered."

Related: Public Defender: Stanford Rapist Got 'Exact Same' Sentence as Person of Color Would

In Turner's case, prosecutors sought a six-year term in state prison for the 20-year-old star athlete. Persky's critics allege that he gave Turner preferential treatment because of his privileged status. Persky is also a Stanford alumnus and was captain of the school's lacrosse team.

The decision to reassign Persky from the new assault case comes amid wider efforts to recall him entirely. His sentence stoked outrage and received international attention after the victim's powerful courtroom statement to Turner went viral. The case has also fuelled the ongoing debate about the handling of sexual assault cases on college campuses.

One of the jurors who helped convict Turner recently penned a scathing and anonymous letter to Persky saying that the "punishment does not fit the crime." Sentencing Turner to just six months in jail, the male juror wrote, "makes a mockery of the whole trial and the ability of the justice system to protect victims of assault and rape."

Related: Joe Biden Pens Powerful Letter to Stanford Rape Survivor

"After the guilty verdict I expected that this case would serve as a very strong deterrent to on-campus assaults," the juror wrote. "Clearly there are few to no consequences for a rapist even if they are caught in the act of assaulting a defenseless, unconscious person."

The letter was published in Palo Alto Weekly, a local paper.

Turner's six-month sentence has already been reduced to three months for good behavior during his time behind bars. He will likely be released in September.

Follow Tess Owen on Twitter: @misstessowen