Flawless Laws?

Irasema Sanchez
5 min readSep 19, 2016

--

Our body is one of the most important things to us. We own it since we live in it. It holds everything that we are. So when it is broken into it is devastating, physically and mentally. It can affect you forever. Sexual assault is more than just a nonconsensual behavior it is a crime of power and control over someone’s body. “It is the penetration of the victim’s body, also known as rape, attempted rape, forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body fondling or unwanted sexual touching.” (www.rainn.org)

Sexual Assault is a horrifying act that affects its victims in a traumatic way. There is victims of all ages, genders, and races. It is a problem that many people are aware of but try to push away.

It is also a problem that many states are misinterpreting.

Example A: Mississippi and Idaho.

Mississippi and Idaho have fallen behind and need to update to the modern times! They are two great example of states who do not consider unwanted sexual touching, such as groping and fondling a sexual assault. (revealnews.org)

You mean to tell me that if I lived in Mississippi or Idaho and my boss or coworker put their hand under my skirt and grabbed my ass without consent it wouldn’t be considered a sexual assault? Yes!!

It is not just Mississippi and Idaho that is going nuts! It is also California !!!!

Example B: California

These past few months we have learned an awful lot about the great, diverse, modern, and beautiful California with the People v. Turner case. “The former Stanford swimmer, Brock Turner, was found guilty of three felonies: assault with intent to commit rape of an intoxicated person, sexually penetrating an intoxicated person with a foreign object, and sexually penetrating an unconscious person with a foreign object.” (dailymail.co.uk) He sexually assaulted his victim behind a dumpster when she was unconscious. Turner faced a maximum of 14 years in state prison, but was sentenced to six months in county jail and probation. The judge said he feared a longer sentence would have a “severe impact” on him. After three months (about a month ago) in jail Brock was let go for good behavior.

Good for you Brock! You are free! While your victim still has to cope with her rape, your freedom, and the severe impact you caused to her, which she explains in her letter to you.

According Nicole Knight’s article, “ Response to California’s ‘Absurd’ Sexual Assault Laws: Mandatory Minimums”, the reason why Judge Aaron Persky was able to sentence Turner to six months was because of the bill AB 2888, which allow judges to impose mandatory jail time for certain sexual assault crimes, such as victims who are unconscious or “unable to resist.”

So why is sexual assault important if many people believe we have the necessary laws for it? We might believe our system is flawless but in reality it is not! Cases like People v. Turner is a great example and you cannot forget Brian Bank’s case that clearly proved our system has flaws. Brian Banks was seventeen years-old when he was wrongfully convicted of rape. . .Now you can take it into your hands to compare Brock’s and Bank’s case.

(cough! cough!)

Anyways it is time for the statistics which were provided by Rainn. First it is important to know women are not the only sexual assault victim even though 17.7 million American women had been victims of attempted or completed rape. About 3% of American men (1 in 33) have experienced an attempted or completed rape in their life span. It is important to not forget our TGQN community (transgender, genderqueer, non-conforming)! 21% of TGQN college students have been sexually assaulted, compared to 18% of non-TGQN females, and 4% of non-TGQN males. Finally, I want you to keep in mind ages 12–34 are the highest risk years for rape and sexual assault.(rainn.org)

It is crucial for all of us to care for the importance of sexual assault laws. Statistics might take you so far and you can spend all your time researching but what I am truly trying to speak out for is for the victims… It is a person who is being scared for life. We need to keep that in mind.

Since the day we are born we find ourselves trusting and even finding comfort in the people who are closest to us. Even though, for some of us that may not be the case. Like, my philosophy professor Kryptos once said, “We learn and are influenced by the people we grow up with.”

When something terrible and devastating happens to you they are the ones you seek comfort or even help from. So, when you tell someone close to you who do you think they will reach out to for justice ?

Ahhh! Yes! The Government who has created this system that contains laws.

Now imagine the feeling of the world closing on you and you falling into a pit where you cannot find a way out. Soon enough you feel confused and like you are drowning and decide to swallow your feelings in disbelief. It is a tragedy that you know occurs to others but you never imagined it occurring to you. That is a feeling that many sexual assault victims live with everyday of their life… even if some of you do not consider groping and fondling a sexual assault act. Just imagine having to go to work with the discomfort of someone touching you.

I want all of you to try and keep an open mind about this. Of course throughout time I want to cover topics about false allegations, how sexual abuse affects people mentally and physically, sexual assault in the military and work force, and I want to research more cases that involve our LGBT community and race.

Links: http://www.dailymail.co.uk/news/article-3773761/Brock-Turner-enjoys-freedom-Stanford-rapist-pictured-backyard-armed-protesters-gather-outside-home.html

https://www.revealnews.org/article/in-2-states-sexual-assault-laws-lag-far-behind-the-mainstream/

https://www.rainn.org/statistics/victims-sexual-violence

https://rewire.news/article/2016/09/09/response-californias-absurd-sexual-assault-laws-mandatory-minimums/

--

--