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Appeals court rejects ex-Stanford swimmer ‘outercourse’ argument

In this Sept. 2, 2016, file photo, Brock Turner leaves the Santa Clara County Main Jail in San Jose, California.

(AP)

A California appellate court Wednesday confirmed to Brock Turner’s conviction, despite his lawyer arguing that his client wanted to “outercourse” with the victim, not the sexual intercourse.

Turner, a former Stanford University swimmer, is now required to register as a sex offender for life. The three judges of the 6th District Court of Appeal in San Jose determined that there is “strong evidence” that Turner received a fair trial.

Turner was convicted in 2016 of sexually assaulting a drunk and unconscious woman outside an on-campus fraternity party.

He served three months in prison.

Judge Aaron Persky denied a prosecutor’s demand for a lengthy prison term and instead sentenced Turner to six months in prison. Persky the sentence sparked national outrage by those who thought that it was too lenient.

“I absolutely do not understand what you are talking about”

– Justice Franklin D. Elia in June to respond to the “outercourse” argument

The voters called Persky in June.

Eric S. Multhaup, Turner’s lawyer, attracted the renewed attention of the media when he argued that “outercourse” is sexual contact, while dressed. He stated in June that “outercourse” is a form of “safe sex”.

Turner never intended to rape an unconscious woman, ” he said. The lawyer cited testimony that Turner was “violently punches, but fully dressed” as two Swedish students found him on the top of a half-naked drunk woman in 2015.

But at least one member of a three-justice appelate panel didn’t buy the arguement.

“I absolutely do not understand what you are talking about,” Justice Franklin D. Elia told the lawyer.

Elijah wrote on Wednesday the decision and pointed out that the Turner is trying to perform two graduate students who confronted him with assaulting the 22-year-old woman.

The judge wrote that the victim was slurring her speech when she was a fraternity party with Turner and the graduate students testified the victim appeared unconscious when they came, haunted Turner and held him down until the police arrived. He denied running when questioned by the police.

“He did not explain or defend them,” Elia wrote. “And he lied to the police about the run.”

Turner can petition the California Supreme court to consider his appeal. Turner’s lawyer, Eric Multhaup not return a phone call Wednesday.

Fox News’ Dom Calicchio and The Associated Press contributed to this report

  

Edmund Initiative is a news editor for FoxNews.com. Follow him on Twitter @EDeMarche.

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