Lawyers for Brock Turner, the convicted rapist who served only half of his six-month jail sentence in 2016, argued to an appellate court on Tuesday that Turner had wanted "outercourse" with the woman he was found guilty of assaulting, not intercourse. Attorney Eric Multhaup argued that Turner was engaged in "sexual outercourse" and did not demonstrate that he meant to rape the victim, according to NBC Bay Area.
Turner, who returned to his hometown in OH, did not attend the court hearing. Turner had all his clothes on when two graduate students spotted him behind a dumpster atop an unconscious woman who was patrially clothed.
Now, Turner's camp is arguing that Turner fleeing the scene and forcefully kissing the victim's sister earlier that night isn't "affirmative evidence" that he meant to rape the victim.
"I don't have any comment about the proceedings", said Turners attorney Eric Multhaup after the hearing.
Multhaup said Turner was engaging in what he called "sexual outercourse", calling it was a version of "safe sex".
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The justices considering the appeal appeared to be skeptical of some of Multhaup's arguments.
"I absolutely don't understand what you are talking about", replied a baffled Justice Franklin D. Elia in response to Multhaup's arguments, WHIO reports.
Deputy Attorney General Alisha Carlile argued that the conviction should stand, telling the judges that Santa Clara County prosecutors presented sufficient evidence in the high-profile case and the jury reached its verdict "beyond a reasonable doubt".
UC Hasting Law Professor Hadar Aviram told KPIX 5 that questioning the jury's actions is a risky tactic.
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The court has 90 days to issue a decision on the appeal. While sentenced to six months and three years of probation, Turner was released from county jail after three months and returned to his home in OH, where was required to register as a sex offender.
Turner was controversially sentenced to only six months in prison by Judge Aaron Persky, a decision which ultimately led to Judge Persky being voted out of his position.
Turner was 19 years old at the time of the incident.
Brock Turner has been living with his family in Dayton, Ohio, since he was released.
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