In Aftermath of Brock Turner Case, California’s Governor Signs Sex Crime Bill
An effective criminal justice system requires that cases of sexual violence be addressed expeditiously without undermining the rights of the offenders to fair hearing and trial. Therefore, as much as accused criminals may be liable to various liabilities for actions such as sexual assault of intoxicated victims, the application of relevant laws must not be retroactive as to undermine the criminal’s rights envisaged by the supreme law.
The signing of the Californian Assembly Bill 2888 marked a departure from an era of passive laws which allowed criminals convicted of sexually assaulting unconscious individuals to lesser punitive legal actions compared to those who sexually assaulted conscious people. These passive laws on sex offences vested on the judge the duty to determine the best criminal action to be taken against the criminal thus giving room for its subjective application.
The signing of Assembly Bill 2888 occurred following the release of Brock Turner from prison for sex-related offences after he served only half of his six months term in jail. The bill was occasioned by the understanding that criminals accused of sexual offences should be subjected to the same laws to foster justice and fairness. The use of the state of a victim’s mind at the time that sexual violence is meted against him or her would not be an adequate vindication of the perpetrator’s heinous act as may be determined by the law. The Assembly Bill 2008 institutionalized a law that ensures parity when handling criminal cases that are basically similar.
Brock Turner Rape Case
The signing of the B2888 was motivated by the fact that it is important to have a law that ensures parity in handling cases of sexual violence by subjecting the perpetrators to similar legal benchmarks. The bill also focused on the longstanding need to protect women who are the primary target for sex-related assaults. In essence, the AB 2888 fostered a framework that holds sexual offenders accountable for their heinous acts. This implies that the law ensured that criminals are not granted any unfounded basis such as the victim’s’ state of mind at the time of the action to exploit as a protection from prosecution. The law was proactive in conservatively defining rape.
This conservative definition of rape implied that any criminal found guilty must be prepared to be incarcerated for a time as stipulated in the Act. Therefore, the AB 2888 inculcated criminal accountability and advanced the rights of the victim without considering the need for an analysis of the circumstances leading to the crime. Such a legal provision has the potential of prompting judges to apply it inconsiderately thus undermining the rights of the accused to due process and fair hearing.
Larimer S. (September 30, 2016). In aftermath of Brock Turner case, California’s governor signs sex crime bill. The Washington Post. Retrieved from https://www.washingtonpost.com/news/grade-point/wp/2016/09/30/in-aftermath-of-brock-turner-case-californias-governor-signs-sex-crime-bill/