An attorney for former Stanford University swimmer Brock Turner claimed his client practiced “sexual outercourse” during an appeal following Turner’s conviction of attempted rape.
Turner’s appellate attorney said that Turner never intended to rape the woman, arguing he was instead engaged in “sexual outercourse,” a version of “safe sex.”
“The record lacks sufficient evidence to support the three convictions in this case,“ attorney Erick Multhaup argued, saying the ”sexual outercourse” argument referred to his client having his clothes on when he was caught on top of the victim.
“I absolutely don’t understand what you are talking about,” responded Justice Franklin D. Elia, adding that the law “requires the jury verdict to be honored.”
Turner, 22, was found guilty in March 2016 of assault with intent to commit rape of an intoxicated or unconscious person as well as penetration of an intoxicated person and penetration of an unconscious person. The crimes took place outside a Stanford fraternity in January 2015.
The appeal is Turner’s attempt for a new trial, which could lead to him not being designated a Tier III sex offender for life. California law required Turner to register as a sex offender for the rest of his life because of the convictions.
Deputy Attorney General Alisha Carlile also appeared in front of the panel, arguing that the conviction should stand.
The panel is expected to rule on the appeal within 90 days.
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