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04 December 2017, 01:28 | Bernard Bryant
Brock Turner is appealing his conviction after getting a six-month prison sentence for three felonies
Lawyers for Brock Turner filed an appeal Friday with California's 6th District Court of Appeal, claiming their client was denied due process during his 2016 trial and calling it "fundamentally unfair".
Former Stanford University student Brock Turner, who served just three months for the rape of an unconscious woman, is appealing his convictions and wants a new trial.
Turner's victim, known only as "Emily Doe", had submitted a 12-page account of the sexual assault for sentencing purposes.
The main key to Turner's request for a new trial is the statement the prosecutor was said to have made repeatedly made during trial, saying the assault occurred "behind the dumpster".
The 22-year-old was convicted of assault with intent to commit rape of an intoxicated woman, sexually penetrating a woman with a foreign object, and sexually penetrating an unconscious woman with a foreign object, convictions that will mean he remains on the sex offender registry permanently.
The prejudicial aspects of this "behind-the-dumpster" characterization were two-fold: (1) it implied an intent on the appellant's part to shield and sequester his activities with Ms. Doe from the view of others; and (2) it implied moral depravity, callousness and culpability on the appellant's part because of the inherent connotations of filth, garbage, detritus and criminal activity frequently generally associated with dumpsters.
Brock Turner completed only half of the six-month jail term he was handed in 2016 before being released on good behaviour.
'His conviction will be upheld.
Buzzfeed has obtained a copy of the motion, and say that Turner's lawyers are arguing that the jury was not supplied sufficient evidence of Turner's character. "Nothing can ever roll back Emily Doe's legacy of raising the world's awareness about sexual assault". If Turner was convicted a second time, there would be calls for him to serve state prison time, The Mercury News reported.
The Standford student was found guilty of sexual assault previous year after he was accused of attacking a woman behind a dumpster while she was unconscious.
His victim told the court that she had woken up hours after the attack with dried blood on her hands and no memory of meeting Turner or being taken to hospital.
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