In modern society, several attitudes toward rape, its effects, and prevention are developed. Unfortunately, it is hard to give a concrete number of rapes or sexual assaults that happen around the globe. During the last several years, the case of Brock Turner has been frequently discussed on social media. Though the former Stanford University swimmer was found guilty of sexual assault, he cannot be technically called a rapist. In many cultures, raped women remain a symbol of reality, and rape is presented as an inevitable fact. Sharon Marcus develops a new theory according to which an understanding of rape has to be changed, and the necessity to prevent such crimes can be possible. It is interesting to analyze the case of Turner through the prism of Marcus’ theory of rape prevention and clarify if similar situations may be avoided in society.
The theory of rape prevention developed by Marcus is in strong opposition to the existing understanding of rape. It is not enough to accept rape as an event that has occurred. The theorist suggests considering it as a process that has to be thoroughly analyzed. Marcus underlines the importance to treat rape as a language and gather enough narratives with the help of which it is possible to realize what happens. In the case under consideration, the investigation shows that an actual act of unwanted penetration was not proved. Therefore, it is necessary to decide if the penetration of his fingers to her vagina when he was drunk can be defined as rape. In addition, the victim said that she did not remember the development of the events because she was unconscious after several drinks. All her feelings and emotions were developed regarding the words told by the students who found her and called the police. Marcus does not agree with the fact that rape is simply caused by male power and female powerlessness.
Another important aspect of this case is to understand the reasons for such behavior and its aftermath to clarify if this situation can be avoided. Women have to know how to develop self-defense tactics and what defeating speech to use. In this case, the victim was not able to protect herself because of her drunken condition. However, at the same time, the court should raise the discussion about her behavior and the impossibility to control her actions and words. If she did not remember what had happened to her that day, she could even forget that she gave her permission. The theory of Marcus can be used to develop a new approach to understanding the events of that night on a college campus. The only unclear aspect, in that case, was the decision of Turner to address the court instead of giving his apologies to the victim. Therefore, the theory of rape prevention, as well as analyzing rape aftermath, cannot completely explain the case in this situation.
Turner’s case is also complicated by the number of charges and the actual sentence that had to be defined. From the very beginning, Turner was indicted for five different charges: two were for rape, two were for sexual assault, and one was for attempted rape. Approved by Marcus’ theory, the definition of rape is not complete in modern society. An understanding of rape remains distorted, and, as a result, Turner got a chance to avoid two out of five charges. Actual rape charges were dropped because of medical expertise. In addition, the nature of the punishment was considerably changed. Instead of 14 years of imprisonment, it was decided to short it for six years. However, even that period was not the final decision, and Turner was sentenced to six months in jail with three years of probation. In the end, Turner spent only three months in jail and became free with the only outcome – registration as a sex offender for the rest of his life. This case caused several debates and concerns, including gender and racial biases, social statuses, and unclear formulations.
Marcus says that the attitude toward a woman as a property provokes a rape spirit in some men. However, women may also be accused of rape. If instead of Turner a female committed that crime, she could be punished for rape in the court. The fact that Turner has a penis but does not use it in that sexual intercourse made it possible to reduce the number of charges and shorten the sentence. Almost the same can be said about the color of skin and social status. Could the sentence be reduced or shortened if the offender was a black young man or not a famous sportsman? The answer would be probably “no”, and this case proves Marcus’ theory and the fact that people continue living in a world full of corruption, prejudice, and inequalities.
In total, the court and the punishment for Brock Turner were announced. The application of the theory does not help to change the solution or save Turner’s reputation. His future as a national swimmer was ruined the night he decided to demonstrate his power over an unconscious young girl instead of his compassion and support. Rape was inevitable, and several alternatives could be developed. Turner chose one of the most harmful and dangerous ways and challenged his future in society.