--- title: Brock Turner Is Technically Not a 'Rapist' description: But we should be able to canonical: https://time.com/4362949/stanford-sexual-assault-not-rape/ author: Kirsten Salyer article:opinion: true article:content_tier: free article:published_time: 2016-06-09T19:14:19.000Z article:modified_time: 2026-08-04T07:55:28.119Z article:section: Ideas og:title: Why We Can't Call Brock Turner a 'Rapist' og:description: But we should be able to og:url: https://time.com/4362949/stanford-sexual-assault-not-rape/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt81de685ce301871c/6988971f428a9ed1cbcd2f9a/brock-turner-sex-assault-drummer-band.jpg?branch=production&width=850&quality=75&auto=webp&crop=16:9 og:image:width: 850 og:image:height: 478 og:image:alt: Former Stanford student Brock Turner who was sentenced to six months in county jail for the sexual assault of an unconscious and intoxicated woman is shown in this Santa Clara County Sheriff's booking photo og:type: article twitter:card: summary_large_image twitter:title: Why We Can't Call Brock Turner a 'Rapist' twitter:description: But we should be able to twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt81de685ce301871c/6988971f428a9ed1cbcd2f9a/brock-turner-sex-assault-drummer-band.jpg?branch=production&width=850&quality=75&auto=webp&crop=16:9 ---  # Why We Can't Call Brock Turner a 'Rapist' > Sponsored content. 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Inside TIME is the newsletter where TIME's Editor-in-Chief explains cover selection and the editorial reasoning behind major stories. It is free at time.com/newsletters. #### Who is the editor of TIME? Sam Jacobs is TIME's Editor-in-Chief. He writes Inside TIME, a twice-weekly newsletter about the newsroom's reporting and editorial decisions. #### Is Inside TIME free? Yes. Inside TIME is a free newsletter, available at time.com/newsletters. A paid TIME subscription is separate and available at time.com/subscribe-agent. ## Video: Brock Turner Prosecutor Calls for Harsher Penalties for Sexual Assault [Watch (HLS stream): Brock Turner Prosecutor Calls for Harsher Penalties for Sexual Assault](https://cdn.jwplayer.com/manifests/mNFqiDdN.m3u8) (1:39)  _Published 2016-06-07. The prosecutor in the high-profile sexual assault case against former Stanford University student Brock Turner announced Wednesday that he is sponsoring state legislation that would be tougher on those found guilty of sexual assault, inspired by a se_  by [Kirsten Salyer](https://time.com/author/kirsten-salyer/)  ## Kirsten Salyer Jun 9, 2016 7:14 PM UTC  Brock Turner Brock Turner Santa Clara County Sheriff's Department  by [Kirsten Salyer](https://time.com/author/kirsten-salyer/)  ## Kirsten Salyer Jun 9, 2016 7:14 PM UTC Brock Turner has been convicted of sexual assault. He is not, technically, a rapist. Legally, the [distinction](http://nymag.com/thecut/2016/06/brock-turner-sexual-assault-felony.html) matters. The [definition of rape](https://rainn.org/articles/legal-role-consent) varies [state to state](https://apps.rainn.org/policy/compare/crimes.cfm). [California, like many states, defines rape](https://apps.rainn.org/policy/policy-crime-definitions.cfm?state=California&group=3), specifically, as “an act of sexual intercourse” under circumstances in which a victim is unconscious or incapable of giving consent, among other criteria. Other types of sexual assault — including forcible acts of sexual penetration by any foreign object — are defined and categorized as different crimes. (Some states, including Minnesota, Nebraska and New Mexico, have laws against sexual assault but don’t charge specifically using the term _rape_.) Turner, the former Stanford swimmer who was sentenced to six months of jail last week, did not penetrate his victim with his penis. Therefore, no “rape” happened in the eyes of the law. Turner was initially charged with rape of an intoxicated person and rape of an unconscious person. Those charges were dropped at a preliminary hearing, the Santa Clara County District Attorney’s Office said. Deputy District Attorney Alaleh Kianerci said the rape charges were filed based on information in the police report, but prosecutors later dropped those charges after receiving the results of DNA testing on the rape kit, the [Los Angeles _Times_ reported](http://www.latimes.com/local/lanow/la-me-ln-stanford-sexual-assault-sentence-20160607-snap-story.html). Instead, Turner was convicted on [three felony counts](https://www.sccgov.org/sites/da/newsroom/newsreleases/Pages/NRA2016/Turner-Sentencing.aspx) of sexual assault: assault with intent to commit rape of an intoxicated or unconscious person, penetrating an intoxicated person with a foreign object and penetrating an unconscious person with a foreign object. **Read more:** [_Alcohol Doesn’t Rape People_](http://time.com/4359056/alcohol-doesnt-rape-people/) “\[Rape\] is very narrow and biologically defined,” said Michele Dauber, a Stanford law professor and family friend of the victim. “It’s very arcane, but I think in layman’s terms, it’s just the difference between a penis and a finger.” Dauber is now leading the charge to recall Aaron Persky, the judge in Turner’s case, after he sentenced Turner to six months in jail. The language we use to talk about rape, sexual assault and all sex crimes matters. Many [argue](http://www.theguardian.com/commentisfree/2014/apr/24/rape-game-of-thrones) that [refusing](http://live.huffingtonpost.com/r/segment/how-we-talk-about-rape-/50ea185c78c90a05e4000011) to call [rape](http://www.latimes.com/opinion/op-ed/la-oe-1004-tavris-what-is-rape-20151004-story.html) “rape” can [perpetuate](http://thoughtcatalog.com/anonymous/2016/03/we-need-to-change-the-way-we-talk-about-rape/) a culture that turns a blind eye to rape on campuses and protects attackers while blaming victims. The FBI used to [define rape](https://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2013/crime-in-the-u.s.-2013/violent-crime/rape) as “the carnal knowledge of a female forcibly and against her will.” In 2013, the bureau updated its definition to: “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” It’s time for state laws to catch up. _— With reporting by Katie Reilly_ ```json [{"@context":"https://schema.org","@type":"OpinionNewsArticle","@id":"https://time.com/4362949/stanford-sexual-assault-not-rape/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4362949/stanford-sexual-assault-not-rape/"},"headline":"Why We Can't Call Brock Turner a 'Rapist'","datePublished":"2016-06-09T19:14:19.000Z","dateModified":"2026-08-04T07:55:28.119Z","description":"But we should be able to","url":"https://time.com/4362949/stanford-sexual-assault-not-rape/","keywords":["Law"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt81de685ce301871c/6988971f428a9ed1cbcd2f9a/brock-turner-sex-assault-drummer-band.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Kirsten Salyer","jobTitle":null,"url":"https://time.com/author/kirsten-salyer/"}],"articleSection":"Ideas","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt81de685ce301871c/6988971f428a9ed1cbcd2f9a/brock-turner-sex-assault-drummer-band.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"Former Stanford student Brock Turner who was sentenced to six months in county jail for the sexual assault of an unconscious and intoxicated woman is shown in this Santa Clara County Sheriff's booking photo","caption":"Former Stanford student Brock Turner who was sentenced to six months in county jail for the sexual assault of an unconscious and intoxicated woman is shown in this Santa Clara County Sheriff's booking photo","creditText":"Santa Clara County Sheriff's Department","representativeOfPage":true}],"publisher":{"@type":"Organization","name":"Time","url":"https://time.com/","logo":{"@type":"ImageObject","url":"https://time.com/images/logo.png","width":528,"height":156},"foundingDate":"March 3, 1923","sameAs":["https://www.facebook.com/time","https://www.instagram.com/time/?hl=en","https://twitter.com/time","https://www.pinterest.com/timemagazine"]}},{"@context":"https://schema.org","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"item":{"@id":"/section/ideas/","name":"Ideas"}},{"@type":"ListItem","position":2,"item":{"@id":"/tag/law/","name":"Law"}},{"@type":"ListItem","position":3,"item":{"@id":"https://time.com/4362949/stanford-sexual-assault-not-rape/","name":"Why We Can't Call Brock Turner a 'Rapist'"}}]},{"@context":"https://schema.org","@type":"VideoObject","name":"Brock Turner Prosecutor Calls for Harsher Penalties for Sexual Assault","description":"The prosecutor in the high-profile sexual assault case against former Stanford University student Brock Turner announced Wednesday that he is sponsoring state legislation that would be tougher on those found guilty of sexual assault, inspired by a se","thumbnailUrl":"https://cdn.jwplayer.com/v2/media/mNFqiDdN/poster.jpg?width=720","uploadDate":"2016-06-07T17:29:53.000Z","contentUrl":"https://cdn.jwplayer.com/manifests/mNFqiDdN.m3u8","embedUrl":"https://time.com/4362949/stanford-sexual-assault-not-rape/","duration":"PT1M39S","potentialAction":{"@type":"SeekToAction","target":"https://time.com/4362949/stanford-sexual-assault-not-rape/?jw_start={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"}}] ```