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89 UMKC L. Rev. 121 (2020-2021)
"Brock Turner Is Not a Rapist": The Danger of Rape Myths in Character Letters in Sexual Assault Cases

handle is hein.journals/umkc89 and id is 131 raw text is: BROCK TURNER IS NOT A RAPIST: THE DANGER OF RAPE MYTHS IN CHARACTER LETTERS IN SEXUAL ASSAULT CASES Dr. JoAnne Sweeny ABSTRACT The infamous case of Brock Turner - the Stanford Rapist - has become a catalyst for reform and debate about judicial discretion in the sentencing of young men convicted of sexual assault. Turner's case and the cases of other young men who were convicted of sexual assault and yet served little to no jail time ignited public outrage toward a criminal justice system that already systemically fails victims of sexual assault and rape. Upon closer inspection, judges' reliance on character letters and the rape myths contained therein appears to be a major factor in the under-sentencing of privileged young men convicted of sexual assault. This article delves into the impact of rape myths on criminal sentencing, using the recent sentencing of Brock Turner as an example of how judges can be unduly influenced by the rape myths in character letters submitted on behalf of the defendant. This article then proposes a solution less drastic than judicial recall or mandatory minimum sentences: judicial education and guidance aimed at revealing the dangers of rape myths and how to avoid them. I. INTRODUCTION Even years after it occurred, the sexual assault trial and sentencing of Brock Turner is still in the news, as a point of comparison for every lenient sentence given to a man convicted of sexual assault.' The Turner case was also recently brought back to the forefront of public consciousness by the victim in the case, originally known as Emily Doe, coming forward with her story and revealing her identity as Chanel Miller.2 The facts of Turner's case are probably at least somewhat familiar to all readers, but they do bear repeating. In March 2016, Brock * Professor of Law, University of Louisville, Louis D. Brandeis School of Law. Many thanks to Alyssa Lowery, whose work formed the foundation of this article. This article benefitted immensely from Eve Hanan's suggestions and Irina Strelkova's research assistance. This article also received helpful feedback during a Feminist Legal Theory Critical Research Network panel at the Law and Society Association annual meeting. ' See Bridget Read, A Lenient Plea Deal for a Baylor Fraternity President Accused of Rape Sparks Outrage, VOGUE (Dec. 11, 2018, 1:04 PM), https://www.vogue.com/article/judge-ralph-strother- baylor-university-rape-case-brock-turner; see also Fmr. High School Star Athlete Accused of Rape Gets Probation, CBS NEWS (Aug. 23, 2016, 2:39 PM), https://www.cbsnews.com/news/david-becker-rape-case-former-high-school-star-athlete-accused- of-rape-gets-probation/. 2 Chanel Miller, Chanel Miller Is Done Being Emily Doe, GLAMOUR (Oct. 29, 2019), https://www.glamour.com/ story/chanel-miller-on-coming-forward.