The title of a once-famous Keats poem came to mind when I saw this headline at Memeorandum:
Stanford sexual assault: judge facing
recall campaign over light sentence
The victim of a sexual assault by a former Stanford University swimmer said on Monday she was “overwhelmed and speechless” at the deluge of support for her as the judge who gave her attacker a light sentence faced a recall campaign.
Brock Allen Turner, 20, who was convicted of sexually assaulting an unconscious woman on campus, was sentenced to six months in county jail and probation — a punishment that is significantly less severe than the minimum prison time of two years prescribed by state law for his felony offenses. . . .
Further scrutiny on the judge’s remarks at sentencing appear to suggest he concluded the defendant had “less moral culpability” because he was drunk, and that a light sentence would be an “antidote” to the anxiety he had suffered from intense media attention on the case.
Michele Landis Dauber, a Stanford law professor who has been outspoken about sexual assault policies on campus, said she is launching the recall campaign against Aaron Persky, Santa Clara County superior court judge.
Persky, a Stanford alumnus, was captain of the lacrosse team when he was an undergraduate.
“He has made women at Stanford and across California less safe,” said Dauber, who attended the sentencing hearing and is also a family friend of the 23-year-old victim. “The judge bent over backwards in order to make an exception … and the message to women and students is ‘you’re on your own,’ and the message to potential perpetrators is, ‘I’ve got your back.’”
Is this a fair interpretation of the judge’s motives? Has he taken sides with rapists and against women? Is Judge Persky objectively pro-rape?
No one would dare say a word in Judge Persky’s defense, now that feminists have targeted him for destruction, and he is to “rape culture” what Officer Darren Wilson was to “Black Lives Matter.” Everything that Judge Persky did prior to last Thursday suddenly becomes irrelevant.
“I became a criminal prosecutor for the Santa Clara County District Attorney’s Office, where I now prosecute sex crimes and hate crimes,” Judge Persky wrote on his campaign website in 2002:
Judge Persky lost that 2002 election, but was subsequently appointed to the bench by Gov. Grey Davis — a liberal Democrat, which suggests Judge Persky is also a liberal Democrat — and I suppose it would behoove a right-winger like me to point and laugh: “Hahaha! Liberal judges in California are pro-rape!” But is that an accurate reading of the evidence?
‘No More Fun of Any Kind!’
Some of the commenters on my Monday post about this case pointed out that, perhaps, I was reading this whole story the wrong way. What critics of the current “campus rape epidemic” hysteria have focused on is the fact that sexual assault cases are being treated as school disciplinary matters in kangaroo court proceedings where the accused are denied their due-process rights. The Brock Turner case — a criminal prosecution in a court of law — is the appropriate way to deal with all sexual assault charges, according to critics of the campus kangaroo court process. Therefore, discussion of a criminal trial must never suggest that the convicted rapist didn’t get a fair trial. The point I made was this:
The leniency of Turner’s sentence has outraged feminists, and it would be the better part of valor not to further arouse their indignation. However, it is worth pointing out that (a) Turner was an 18-year-old freshman, (b) his blood-alcohol level was twice the legal limit, and (c) why does Stanford University allow fraternities to serve alcohol to teenagers?
This is the dirty little secret of so-called “rape culture” on our nation’s college campuses. The legal drinking age is 21, but teenagers want to get drunk, and so university administrations — and police in college towns — simply refuse to enforce the law. . . .
If drunk teenagers are committing rape at Stanford, doesn’t the university have an obligation to prevent its teenage students from getting drunk?
Lax enforcement of existing laws against underage drinking is deeply implicated in the “rape culture” discourse, and this is a risk factor that even Professor Dauber cannot avoid acknowledging:
In her letter to the judge, Dauber wrote that Stanford’s surveys have found that 43% of female undergraduates have experienced sexual assault or misconduct, and that more than two-thirds of them said perpetrators took advantage of intoxicated victims. But only 2.7% of students who experienced assault or nonconsensual sexual contact reported it to the university.
Whoa! Forty-three percent? But never mind that startling statistic. If more than two-thirds of all sexual assault victims at Stanford (“Campus Rape Capital of the World”) are intoxicated, how many perpetrators of these crimes are also intoxicated, as was the case with Brock Turner? Why aren’t activists focusing on “drunk culture”? And the answer, if you carefully scrutinize feminist rhetoric, is that criticism of binge drinking implicates male and female students alike, whereas campus “rape culture” discourse is about demonizing heterosexual males — especially “privileged” middle-class white heterosexual males. Continue reading La Belle Dame sans Merci →
