Blog

New mandatory minimums for California rape and sexual assault after Stanford rape case

Posted by Neil Shouse | Oct 04, 2016 | 0 Comments

Earlier this year, a California rape case attracted nationwide attention.

A Stanford University athlete, Brock Turner, was convicted of sexually assaulting an intoxicated unconscious woman--and sentenced to probation with only six months in jail. Advocates for sexual assault victims were enraged by the light sentence given to a privileged defendant.

Public outrage over the Brock Turner case led California lawmakers to pass AB 2888. This law tightens the penalties for California sexual assault crimes by eliminating the possibility of felony (formal) probation in the following cases:

Prior to AB 2888, judges had the discretion to grant probation to sexual assault defendants in most cases where the assault did not involve physical force/violence or fear. This was what made Brock Turner's sentence possible. Now, though, a defendant like Turner will be forced to serve years in state prison.

Turner's sentence may have been unjustifiably lenient. But many commentators fear that the cure--AB 2888--is worse than the disease.

Organizations such as the American Civil Liberties Union opposed AB 2888. Their reasoning was that it--like countless other "tough on crime" mandatory minimum bills--will disproportionately affect low-income or minority defendants who can't afford to hire a private criminal defense attorney to help them beat the charges or negotiate a plea bargain to a lesser charge where probation is permitted.

About the Author

Neil Shouse

Southern California DUI Defense attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT).

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Regain peace of mind...

Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.

To contact us, please select your state:

Call us 24/7 (855) 396-0370