Brock Turner's lawyer is arguing that he only engaged in "sexual outercourse" and was not planning on raping the victim.
Eric Multhaup, the attorney of former Stanford swimmer Brock Turner, argued in a San Jose, Calif. court Tuesday that Turner's 2016 sexual assault conviction should be overturned due to a lack of evidence. Multhaup added Turner only took part in "sexual outercourse" and did not intend to rape the victim, according to multiple reports.
Turner was convicted for sexually assaulting an intoxicated woman outside of a fraternity house in January 2015. The then-freshman was found on top of a half-naked, unconscious woman, but his attorney is arguing that Turner's clothes were on and his genitals were not exposed when two graduate students witnessed, "aggressive thrusting."
Multhaup described "sexual outercourse" as "a version of safe sex" that does not involve vaginal sex and added that the jury "filled in the blanks" when Turner was convicted. Turner's lawyers called the initial trial "a detailed and lengthy set of lies" in papers filed in December. Turner was found guilty of assault with intent to commit rape, sexual penetration of an intoxicated person with a foreign object and sexual penetration of an unconscious person with a foreign object and sentenced to six months in jail.
In September 2016, Turner was released on good behavior after serving about three months and ordered to register as a sex offender for the rest of his life. If the conviction is overturned, Turner will no longer have to register and he will not have a criminal record any more.
The three justices overseeing the appeal will have 90 days to issue a ruling. They already dismissed a claim from Multhaup that DNA evidence on the victim was not linked to Turner.
Turner, 22, currently lives with his parents in Ohio and was not present in court.