Attorney Tells Appeals Court Brock Turner Only Had 'Overcourse' With His Victim

Brock Turner's attorney is looking to have his sexual assault conviction overturned with a bizarre argument.

San Jose, CA – A California appeals court heard arguments from the attorney of Brock Turner, the Stanford student who was given a ridiculously lenient sentence after he was convicted of sexually assaulting a woman outside a fraternity house in 2015.

On Tuesday, Attorney Eric Malthaup told a three-member panel of judges on California’s Sixth District Court of Appeal in San Jose that Turner’s attempted rape conviction should be overturned because he was practicing "sexual outercourse," FOX News reported.

Malthaup pointed to witness testimony that described Turner as "violently thrusting but fully clothed" when his assault on a half-naked, intoxicated victim was interrupted by two Swedish graduate students.

He said his client had been practicing "safe sex," and maintained that Turner had never planned to rape his victim, FOX News reported.

Turner told police that he had removed his victim’s underwear and penetrated her with his fingers but that he never took his own pants off and actually raped her, The New York Times reported.

One member of the appellate panel wasn’t entertaining Malthaup’s nonsense in the slightest.

“I absolutely don’t understand what you are talking about,” Associate Justice Franklin D. Elia said, according to The San Jose Mercury News.

Elia reminded Malthaup that the law “requires the jury verdict to be honored.”

“We are not in a position to say (of the jury), you should have gone a different way,” the judge said.

Malthaup argued to the panel that during the outercourse, both parties were dressed and there was no "penile contact,” Palo Alto Online reported.

But Elia disagreed with Turner’s attorney’s argument.

He told Malthaup that the Supreme Court had ruled that a defendant's exposure of him or herself was not required to provide intent to commit rape, according to Palo Alto online.

Turner’s trial received international attention after the promising student athlete was only sentenced to six months, and served only three, after he was convicted of attempted rape. He could have been sentenced to as many as 14 years in prison on the charges, according to The New York Times.

He was also barred from Stanford’s campus and required to register as a sex offender when he was released, something his parents strenuously objected to.

“Brock will have to register at the highest tier, which means he is on the same level as a pedophile/child molester,” Carleen Turner wrote to the court in support of her son’s appeal, FOX News reported.

His father also believes Turner has been inordinately punished.

“The fact that he now has to register as a sexual offender for the rest of his life forever alters where he can live, visit, work, and how he will be able to interact with people and organizations,” Dan Turner said, taking umbrage at the fact his son will have to wear the label of the crime for which he was convicted.

The appellate panel has 90 days to issue their ruling, FOX News reported.

The New York Times reported that Malthaup’s invocation of “outercourse” as a defense was widely mocked by the legal community and victim advocates.

National Sexual Violence Resource Center Spokeswoman Kristen Houser called Malthaup’s argument “a desperate whitewashing attempt.”

“This just really seems like a brazen attempt to sanitize a sexual assault by splitting hairs in individual legal definitions,” Houser told The New York Times.

The Stanford law professor who led the recall vote against the judge who sentenced Turner said his appeal proved he was not remorseful and had not taken responsibility.

“In the grand scheme, he got off very lightly and was very lucky in the way he was sentenced,” Professor Michele Dauber told The New York Times. “Everyone would be better off if he were to accept the consequences and move on.”

Comments (12)
No. 1-9

Guess what Mommy and Daddy, you brought a rapist into the world and you need to accept that and he needs to register as a sex offender for life. He made a choice and is required to pay for that decision he made. Too too bad folks. He didn't get a star on his lapel or a sucker for doing the right thing.........he's a pervert and only God knows what he's capable of "tomorrow".


Bad actions have consequences.


It all comes down to choices. Wrong choice = severe consequences.


The Rapist Brock Turner needs to take his just punishment and let his poor victim move on to whatever peace she can find. I would be so ashamed to have raised such a son.


Share your outrage! Share, share and share again, till judges startl treating rape as a serious crime! ABSOLUTE BULLSHIT! This is what I wrote to the mother and father of Brock Turner when they wrote letters saying how it would destroy his life's chances if he went to prison. He didn't either by the way. He served just 3 months of his 6 month slap on the wrist. I stand by what I said then and now it still fits to all these rapists. To his mother: (and his father) Shame on you! Seriously! This verdict has destroyed his life? NO, THE VERDICT DID NOT DESTROY HIS LIFE! HE DID! The ONLY PERSON or thing that DESTROYED EVERYTHING you say he worked so hard for WAS HIM. If it had been your daughter that this happened to, you as her mother AND FATHER, would be condemning this man for what he did and for destroying her life! This verdict in no way shape or form fits the crime! You and his father are so very wrong in saying the things you are saying because basically you're telling him it's ok to rape someone. If he was three and hit someone, you would scold him or take things away, make him apologize and you would also apologize to the parents of the child he hurt. Neither one of you have any sympathy for the victim and what she went through and will for the rest of her life. He lost his jobs, his scholarship and is labeled as a sexual predator, too damn bad! He is an adult and made the choice to do what he did. Those are some of the consequences for THE CHOICE HE MADE. Your heart hurts, what about hers and her parents. She will forever bear the scars of what happened to her. Inside and out! She will have PTSD, mental problems, physical problems, emotional problems and unknown medical problems because of the PTSD and intimacy problems. You need to suck it up and see him for what he did to someone else's child, see it through their eyes. Then maybe you will understand the full brunt and consequences of what he did to her, her family, and you and your family and the community! I feel sorry for him for what his choices cost him, however, I feel more for her and her loss and her families loss than I will ever feel for him. No comments are needed as this is my opinion that is expressed, no one elses, even though many will agree.