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斯坦福大学性侵案轻判引众怒

更新时间:2016-6-8 10:36:11 来源:纽约时报中文网 作者:佚名

Outrage in Stanford Rape Case Over Light Sentence for Attacker and Statement by His Father
斯坦福大学性侵案轻判引众怒

A sexual assault case at Stanford University has ignited public outrage and a recall effort against a California judge after the defendant was sentenced to six months in a jail and his father complained that his son’s life had been ruined for “20 minutes of action” fueled by alcohol and promiscuity.

斯坦福大学(Stanford University)的一桩性侵案引发众怒,也激起了要求将一位加利福尼亚法官罢免的呼声。本案中,被告被判入狱半年,其父抱怨说儿子的人生因为“20分钟的行为”而被摧毁,还说那都是酒精和乱交引起的。

In court, the victim had criticized her attacker’s sentence and the inequities of the legal process. She argued that the trial, the sentencing and the legal system’s approach to sexual assault — from the defense lawyer’s questions about what she wore the night she was attacked to her attacker’s sentence — were irrevocably marred by male and class privilege.

受害人在法庭上批评对性侵者的判决过轻,审判过程不公平。她表示,审理、量刑以及法律系统对性侵案的处理方式——从辩护律师询问性侵当晚她的着装,到对性侵者的量刑——都遭到了男性特权和阶级特权的彻底破坏。

The case has made headlines since the trial concluded earlier this year but seized the public’s attention over the weekend after a Santa Clara County Superior Court judge, Aaron Persky, on Thursday handed the defendant, Brock Allen Turner, 20, what many critics denounced as a lenient sentence, including three years’ probation, for three felony counts of sexual assault.

从今年早些时候审判结束时起,该案就成为新闻头条。但上周四圣克拉拉县高级法院法官阿伦·珀斯基(Aaron Persky)给予20岁的被告布罗克·艾伦·特纳(Brock Allen Turner)的量刑被指过轻,让该案在周末期间再次成为关注焦点。特纳犯有三项强奸重罪,对他的判决包括三年缓刑。

The next day, BuzzFeed published the full courtroom statement by the woman who was attacked. The statement, a 7,244-word cri de coeur against the role of privilege in the trial and the way the legal system deals with sexual assault, has gone viral. By Monday, it had been viewed more than five million times on the BuzzFeed site.

第二天,BuzzFeed网站发布了遭到侵犯的女性的完整法庭陈述。这篇7244字的陈述强烈抗议特权对审判的影响以及法律系统处理性侵案的方式,在网上得到疯狂转发。截至周一,这篇陈述在BuzzFeed网站上被浏览了500多万次。

One of those readings happened on CNN on Monday, when the anchor Ashleigh Banfield spent part of an hour looking into the camera and reading the entire statement live on the air.

其中一次阅读发生在CNN上——周一,主播阿什莉·班菲尔德(Ashleigh Banfield)在直播中花了相当长的时间对着摄像机朗读了整篇陈述。

The unidentified 23-year-old victim was not a Stanford student but was visiting the campus, where she attended a fraternity party. In the statement, she described her experience before and after the attack by Mr. Turner, a champion swimmer.

这位23岁受害者的身份并未公开。她不是斯坦福大学的学生,只是来该校参加联谊会派对。她在陈述中描述了自己被特纳性侵前后的经历。特纳是一名冠军游泳运动员。

The trial privileged Mr. Turner’s well-being over her own, she said, and in the end declined to punish him severely because the authorities considered the disruption to his studies and athletic career at a prestigious university when determining his sentence. She wrote:

她说,法庭的审理优先考虑了特纳的利益,而不是她的;而且最终拒不严惩,因为官方量刑时考虑到他在名校的学业和运动前途将被打断。她写道:

The probation officer weighed the fact that he has surrendered a hard-earned swimming scholarship. How fast Brock swims does not lessen the severity of what happened to me, and should not lessen the severity of his punishment. If a first-time offender from an underprivileged background was accused of three felonies and displayed no accountability for his actions other than drinking, what would his sentence be? The fact that Brock was an athlete at a private university should not be seen as an entitlement to leniency, but as an opportunity to send a message that sexual assault is against the law regardless of social class.

缓刑官把这一事实考虑在内——他放弃了辛苦赢得的游泳奖学金。布罗克游得多快不能减轻他对我做的事情的严重性,也不应该减轻对他的惩罚的力度。如果一名社会下层的初犯被指控犯下三项重罪,而且除了饮酒之外没有其他理由解释他的行为,那么他会得到什么样的判决?布罗克是一所私立大学的运动员这一事实不应该成为宽大处理的理由,而应该被用作一个机会,传达这样的信息:不管社会地位如何,性侵都是违法的。

If Mr. Turner and his defenders wanted to rebut that argument, a statement read to the court by his father, Dan Turner, and posted to Twitter on Sunday by Michele Dauber, a law professor and sociologist at Stanford, certainly did not help.

如果特纳和他的维护者想反驳上述论点,那么他的父亲丹·特纳(Dan Turner)在法庭上的陈述无疑没有起到帮助作用。周日,斯坦福大学的法律教授和社会学家米歇尔·道贝尔(Michele Dauber)把特纳父亲的陈述发布到了Twitter上。

Mr. Turner’s father said that his son should not do jail time for the sexual assault, which he referred to as “the events” and “20 minutes of action” that were not violent. He said that his son suffered from depression and anxiety in the wake of the trial and argued that having to register as a sex offender — and the loss of his appetite for food he once enjoyed — was punishment enough.

特纳父亲称,儿子不应该因性侵入狱。他把儿子的性侵行为称为没有使用暴力的“事件”和“20分钟的行为”。他说,儿子在审判后变得抑郁、焦虑;还说,被定为性侵者——而且对一些曾经偏好的美食丧失了胃口——这已经是足够的惩罚。

Brock Turner also lost a swimming scholarship to Stanford and has given up on his goal of competing at the Olympics.

布罗克·特纳也失去了斯坦福大学的游泳奖学金,放弃了参加奥运会比赛的目标。

“I was always excited to buy him a big rib-eye steak to grill or to get his favorite snack for him,” Dan Turner wrote. “Now he barely consumes any food and eats only to exist. These verdicts have broken and shattered him and our family in so many ways.”

“过去,我总是非常高兴地给他买大块里脊牛排烤着吃,或者给他买他最喜欢的小吃,”丹·特纳写道。“现在他吃得很少,仅为了维持生命。裁决已经在很多方面摧毁了他以及我们全家人。”

In a statement, the Santa Clara, Calif., district attorney, Jeff Rosen, said the sentence “did not fit the crime,” and he called the former Stanford student a “predatory offender” who refused to take responsibility or show remorse.

加州圣克拉拉地方检察官杰夫·罗森(Jeff Rosen)在一项声明中表示,判决“与罪行不相称”,他称这位前斯坦福大学学生是“恃强凌弱的侵犯者”,拒绝承担责任或表示悔过。

“Campus rape is no different than off-campus rape,” Mr. Rosen said. “Rape is rape.”

“校园内的强奸与校园外的没有区别,”罗森说,“强奸就是强奸。”

In an editorial, The San Jose Mercury News called the sentence “a slap on the wrist” and “a setback for the movement to take campus rape seriously.”

《圣何塞信使新闻》(The San Jose Mercury News)在一篇社论中称,这次审判“太过轻微”,“认真对待校园强奸运动因此受挫”。

Professor Dauber said Monday that she was part of a committee that was organizing a recall challenge to Judge Persky, whose position is an elected one. The professor said the judge had misapplied the law by granting Mr. Turner probation and by taking his age, academic achievement and alcohol consumption into consideration.

周一(6月6日),道贝尔教授称,她所在的一个委员会正在发起一项将珀斯基法官罢免的挑战——该法官的职位是选举出来的。道贝尔教授称,这位法官准予特纳缓刑,把他的年龄、学业成绩和饮酒纳入考虑范围——这是滥用法律。

“If you’re going to declare that a high-achieving perpetrator is an unusual case, then you’re saying to women on college campuses that they don’t deserve the full protection of the law in the state of California,” the professor said.

“如果你为一名成绩优秀的犯罪者网开一面,那么你是在对大学校园里的女性说,她们在加州不应得到法律的充分保护,”这名教授说。

Judge Persky did not respond to a request for comment sent to Santa Clara County Superior Court on Monday.

周一(6月6日),珀斯基法官没有回应发往圣克拉拉县高级法院的评论请求。

Stanford University said on Monday that it “takes the issue of sexual assault extremely seriously” and was proud of two students who intervened to stop Mr. Turner’s attack.

周一(6月6日),斯坦福大学表示,它“以非常严肃的态度对待性侵”,为两名学生阻止特纳的性侵行为而感到骄傲。

“There is still much work to be done, not just here, but everywhere, to create a culture that does not tolerate sexual violence in any form and a judicial system that deals appropriately with sexual assault cases,” the university said in a statement.

“我们需要建立不容忍任何形式的性暴力的文化,建立合理处理性侵案的司法体系,为此我们还需要做很多工作——不只是在这里,而是在所有地方,”该校在一项声明中说。

In his statement, Dan Turner said his son planned to use his time on probation to educate college students “about the dangers of alcohol consumption and sexual promiscuity” so that he could “give back to society in a net positive way.”

丹·特纳在声明称,儿子计划利用缓刑期教育大学学生“饮酒和乱交的危险”,“以完全正面的方式回馈社会”。

The victim rebuked that proposal:

受害人就此提出了反驳:

It is deeply offensive that he would try and dilute rape with a suggestion of “promiscuity.” By definition rape is not the absence of promiscuity, rape is the absence of consent, and it perturbs me deeply that he can’t even see that distinction.

他试图用“性乱”来淡化强奸,这是对我的严重冒犯。从定义上讲,强奸不是没有性,而是没有征得同意。他甚至不知道这两者的区别,这令我非常不安。

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