Cartoon by: Karen Agbuya

Cartoon by: Karen Agbuya

Rapists have for years avoided prison sentences on a technicality, only to rape again. Their free ride is over.

A bill to mandate prison sentences for all convicted rapists was introduced by two California legislators after Brock Turner, the Stanford rapist, was sentenced to six months in jail, but only served three.

Assembly Bill 2888 was approved 66-0 by the Assembly and signed by Governor Jerry Brown.

National outrage fired a policy change to close the “rapist loophole” that predators like Turner have slipped through for years.

Prior to AB2888 a sexual assault was not considered rape unless penile penetration occurred.

Turner said he had inserted his fingers inside of the unconscious victim, according to the incident report, but nothing else.

Without judicial discretion, the power a judge has to act on their personal judgment, Turner might have received a prison sentence. Essentially, a trusty sidekick judge like Aaron Persky could decide to go easy on criminals they favor.

America’s most despised judge is facing recall while his unjust decision still sickens people. Some in the legal community say that Turner’s six-month sentence is an act of misogyny by Persky.

“Judge Persky is biased in favor of privileged athletes convicted of violent crimes against women,” wrote Michele Dauber, a Stanford law professor.

Turner violated the victim as well as a handful of laws, such as Penal Code 261 and PC289.

Both charges against PC261 were dropped, as Turner’s fingers were not legally considered to be sexual intercourse. By legal accounts, he is not a rapist.

Antiquated laws worked in favor of Turner. Until society’s outdated perceptions about rape move into the 21st century, rapists can use Turner as a twisted role model for how to get away with sexual assault.

Assemblyman Evan Low is one of the authors of AB2888. Low said a clear statement needs to be made to say that sexual assault is unacceptable.

Santa Clara County District Attorney Jeff Rosen agreed.

“This bill is about more than the sentence, it’s about supporting victims and changing the culture on our college campuses to help prevent future crimes,” Rosen said.

It is despicable that Turner’s joke of a jail sentence was the catalyst to policy change in California, but at least some good came out of the evil act.

Prior to AB2888 courts meted out a less severe punishment for unconscious victims than the conscious ones. Victims who do not use defensive force against their attackers decrease their chances of having the rapist charged to the highest degree.

Californians are not the only Americans enraged by the sentencing. Upon Turner’s release, protestors stood outside his parent’s home in Ohio with signs suggesting an “eye for an eye” type of punishment.

Sometimes the apple does not fall far from the tree. Dan Turner, father of the rapist, said his son’s life should not be altered forever over 20 minutes of action.

What his enabling father did not take into accord was what affect those 20 minutes had on the victim. She does not recall the event, but painfully remembers coming to in the hospital with torn underwear and pine needle-riddled hair.

Our judicial system goes easy on people accused of sexual assault and is hard on its victims. This goes beyond lazy judges such as Persky. Defense attorneys often act as the wolf in a wool suit. Attorneys defending rapists too often smear the victim and humiliate women on the witness stand.

Shouse Law, a West Coast criminal defense law group, actually tells potential clients how to get out of a sexual assault charge on its website. A short video explaining how to slip the charges is the first “helpful tip” for sexual criminals.

“Rape, like all other California sex crimes, is a charge that is often initiated out of jealousy, revenge, anger, or another emotionally-driven motives,” the website says.

Misogynistic undertones seep through the words. Shouse Law advertising boasts of the firm’s ability to reduce charges and prove the accuser is committing fraud.

Turner is not the only famous rapist of 2016. Bill Cosby, former comedian and sitcom star, has been accused by more than 50 women of sexual misconduct often after drugging them. Due to a statute of limitations, he is only being charged with three counts of aggravated indecent assault.

Donald Trump has also been charged with sexual assault by a growing legion of women.

Democratic Senator Connie Leyva said she introduced SB 813, the Justice for Victims Act, so victims can always have the opportunity to seek justice in court after such a violent act.

Changing society’s rape culture goes beyond enforcing a new law that closes the loophole. In order for a society to embrace the idea that the victim is never at fault for rape, the blame-the-victim mindset needs to be destroyed.

Ambulance-chasing lawyers are not the only ones guilty of blaming the victim. Cops blame the victim when they ask, “What were you wearing?” Victims are also typically asked, “What did you do to provoke them?” as if it were their fault.

Until authorities make an effort to let rapists know they will pay for their crimes, rape culture will continue to flourish. SB 813 and AB 2888 are a great start.