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The collective of all professionally normed and validated IQ tests can be generalized as having a ceiling of IQ 160. That means they will never produce a higher score. And scores near the ceiling may be too inaccurately low because of hitting ceilings in individual subtests. All versions of WISC (children 6–16) have a ceiling of 160 (if not using WISC IV’s extended norms). WAIS (adult 16+ version) ceilings run between 150 and 155 depending on version.The generally accepted ceiling of the collective of semi-professional semi-online high-range IQ tests is IQ 190. If you are an adult, or high school aged (14+) adolescent trying to measure IQ over 160 these tests are the best you’re going to get. These high-range tests don’t have the subtest coverage that Wechsler has. At the very minimum you should take at least one each of a numeric, logic, spatial, and if possible, verbal high range test. Even then still not matching in subtest variety. And empirical guestimation to integrate the high-range test’s pseudo-norms (small and not demographically balanced) into the global assumed-norm mean 100 standard deviation 15 (since the individual test’s norms are certainly not M 100 SD 15).WISC-IV’s extended scale goes up to 210, but only children under 14 can get much above 160. Stanford Binet 5 also has extended norms but I haven’t seen the test or its regular or extended norms. The older mental-age versions of Stanford Binet (before the 1980s) you can do unofficial extrapolation via MA/CA*100. Mental-age based IQs have different mean & standard deviation by age group so it is very much an approximation, and converting it to Mean 100 SD 15 involves multiple conversion steps, which have multiple margins of error.But A first grader who scores FSIQ 190 with the WISC-IV extended scale is most certainly smarter than a first grader that gets only FSIQ 160. Comparing IQ scores sourced from radically different IQ tests is generally not valid, very large margins of error. You should never attempt to compare a Wechsler or Stanford Binet FSIQ with a IQ score from a garbage random online IQ test. You could unofficially compare a Wechsler IQ score with a Otis Lennon School Abilities test (OLSAT) or COGAT score (after converting the altter from Mean 100 SD 16 to Mean 100 SD 15, math not hard) within half or whole standard deviation units.On a side note, FSIQ is being de-emphasized, and as of WISC_IV, gifted children organizations don’t really respect it. The school decision makers are focusing on index scores and sometimes individual subtest scores. GAI has a better correlation with academic performance than FSIQ. An athlete that is gifted with tactics and can read a complex play field and constantly track and anticipate player positions in his head in real time may have a GAI that is lower than his FSIQ, probably have sky high working memory and processing sped and high in perceptual index scores. A kid that is mildly in the autistic spectrum that aces school but sucks at sports and has no common sense is likely to have GAI (general ability index) notably higher than FSIQ, and likely to be loaded mostly in VCI (verbal comprehension index)

These colleges do superscore your sat i.e. the best score even in different sectionsAbilene Christian UniversityDunwoody College of TechnologyMid-South Community CollegeSouthern Vermont CollegeAdelphi UniversityDurham Technical Community CollegeMidwestern Baptist Theological SeminarySouthern Virginia UniversityAIB College of BusinessEarlham College and Earlham School of ReligionMillersville University of PennsylvaniaSouthside Regional Medical Center School of NursingAlamance Community CollegeEast Carolina UniversityMilligan CollegeSouthwestern Christian UniversityAlaska Bible CollegeEast Los Angeles CollegeMinnesota State University MoorheadSouthwestern UniversityAlbany State UniversityEastern Connecticut State UniversityMisericordia UniversitySpartanburg College of AeronauticsAlbion CollegeEastern Illinois UniversityMississippi Delta Community CollegeSpartanburg Methodist CollegeAlfred University New York State College CeramicsEastern Kentucky UniversityMissouri Baptist UniversitySpringfield CollegeAlgoma University CollegeEastern Maine Community CollegeMissouri State University SpringfieldSt John's University JamaicaAllegheny Wesleyan CollegeEastern Oregon UniversityMissouri Western State CollegeSt Joseph's College of NursingAllen County Community CollegeEastern UniversityMonmouth UniversityState University of New York College at BrockportAmbrose University CollegeEdinboro University of PennsylvaniaMonroe CollegeState University of New York College of Agriculture and Natural ResourcesAmerican College of the Building ArtsEdison State CollegeMontana State UniversityState University of New York BinghamtonAmerican International CollegeEDP College San SebastianMontana State University NorthernState University of New York at AlbanyAmerican Musical and Dramatic AcademyEl Centro CollegeMontana State University Tech Greater FallsState University of New York at BuffaloAmerican University RomeElizabethtown CollegeMontclair State UniversityState University of New York at FredoniaAmerican University DCElmira CollegeMoravian CollegeState University of New York at GeneseoAmerican University of Puerto RicoElon UniversityMorehouse CollegeState University of New York at New PaltzAmerican University of SharjahEmerson CollegeMount Allison UniversityState University of New York at OneontaAmherst CollegeEmmanuel College GeorgiaMount Holyoke CollegeState University of New York at OswegoAnderson University (SC)Emory UniversityMount Mary CollegeState University of New York at PotsdamAndrew CollegeErie Business Center Main CampusMount Saint Mary's CollegeStephens CollegeAnne Arundel Community CollegeErie Business Center South New CastleMount Saint Vincent UniversitySterling College (KS)Antietam Bible CollegeEscuela de Artes Plasticas Puerto RicoMount Vernon Nazarene UniversityStevenson UniversityAquinas College (TN)Essex Community CollegeMuhlenberg CollegeStockbridge SchoolArgosy University Twin CitiesEuropean College of Liberal Arts BerlinMuskingum CollegeStonehill CollegeArizona State University TempeFachhochschule Aachen Abteilung JuelichNash Community CollegeStony Brook University State University New YorkArkansas State UniversityFairfield UniversityNational Polytechnic College of ScienceSuffolk UniversityArkansas State University BeebeFairhaven Baptist CollegeNational UniversitySuffolk University MadridArmstrong Atlantic State UniversityFairleigh Dickinson University Vancouver CampusNazareth College of RochesterSul Ross State UniversityThe Art Institute of Ohio CincinnatiFaith Baptist Bible CollegeNebraska Christian CollegeSwarthmore CollegeAssumption CollegeFashion Institute of Design and MerchandisingNebraska Methodist CollegeSweet Briar CollegeAtlanta Christian CollegeFashion Institute of Design and Merchandising San FranciscoNeosho County Community CollegeTama UniversityAuburn UniversityFaulkner UniversityNer Israel Rabbinical CollegeTarleton University System Center Central TexasAugsburg CollegeFeather River Community CollegeNew College of FloridaTaylor University Upland CampusAugustana College South DakotaFerris State UniversityNew England Institute of TechnologyTexas Christian UniversityAustin CollegeFerrum CollegeNew Jersey Institute of TechnologyTexas Tech UniversityAustin Peay State UniversityFitchburg State UniversityNew River Community CollegeTexas Womans UniversityAve Maria University Latin American CampusFlagler CollegeNew World School of the ArtsThammasat UniversityAzusa Pacific UniversityFlorida Atlantic UniversityNew York Conservatory for Dramatic ArtsThe King’s CollegeBabson CollegeFlorida CollegeNew York Institute of TechnologyThree Rivers Community College (Poplar Bluff, MO)Bainbridge CollegeFlorida Gulf Coast UniversityNewberry CollegeTomball CollegeBaker UniversityFlorida Institute of TechnologyNiagara County Community CollegeTowson UniversityBaldwin-Wallace CollegeFlorida International UniversityNichols CollegeTrenholm State Technical CollegeBall State UniversityFlorida State 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TexasUniversity of CharlestonBethel College IndianaGod’s Bible School and CollegeNorthwestern Polytechnic UniversityUniversity of ChicagoBiola UniversityGogebic Community CollegeOak Valley CollegeUniversity of CincinnatiBloomfield CollegeGoldey-Beacom CollegeOakland UniversityUniversity of Colorado BoulderBlue Ridge Community CollegeGrayson County CollegeOberlin CollegeUniversity of ConnecticutBlue River Community CollegeGreat Basin CollegeOccidental CollegeUniversity of DallasBluefield CollegeGriffith College DublinOcean County CollegeUniversity of DaytonBoise State UniversityGrinnell CollegeOgeechee Technical CollegeUniversity of DelawareBoston CollegeGrove City CollegeOhio Bible CollegeUniversity of FindlayBoston UniversityGuilford Technical Community CollegeOhio Business CollegeUniversity of FloridaBowdoin CollegeGwynedd-Mercy CollegeOhio Dominican UniversityUniversity of HartfordBowie State UniversityHagerstown Community CollegeOhio State University ColumbusUniversity of Hawaii at 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of Mary WashingtonBryant and Stratton Eastlake CampusHarvard CollegeOtero Junior CollegeUniversity of Maryland Baltimore CountyBryant UniversityHaverford CollegeOtis College of Art and DesignUniversity of Massachusetts AmherstBryn Athyn CollegeHawaii Pacific UniversityOtterbein CollegeUniversity of Massachusetts BostonBryn Mawr CollegeHeidelberg CollegeOur Lady of Corpus ChristiUniversity of Massachusetts DartmouthBucknell UniversityHelene Fuld School of Nursing CamdenOxford CollegeUniversity of MiamiButler County Community College KansasHenry Ford Community CollegeOzark Christian CollegeUniversity of Michigan Ann ArborButler UniversityHerbert W Armstrong CollegePacific Union CollegeUniversity of Michigan DearbornCabarrus College of Health SciencesHeriot-Watt UniversityParis Junior CollegeUniversity of Minnesota CrookstonCalifornia College of the ArtsHeritage Baptist UniversityPark UniversityUniversity of Minnesota MorrisCalifornia Maritime AcademyHeritage Christian UniversityParsons 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of North Dakota Grand ForksCalifornia State University FullertonHoly Family UniversityPfeiffer UniversityUniversity of North TexasCalifornia State University Long BeachHorry-Georgetown Technical CollegePhiladelphia Biblical UniversityUniversity of Northern IowaCalifornia State University Los AngelesHoughton CollegePhiladelphia UniversityUniversity of Notre DameCalifornia State University MentorHouston Community CollegePhilips Beth Israel School of NursingUniversity of OregonCalifornia State University Monterey BayHudson County Community CollegePhoenix CollegeUniversity of Pittsburgh GreensburgCalifornia State University NorthridgeHumboldt State UniversityPiedmont CollegeUniversity of Pittsburgh PittsburghCalifornia State University SacramentoHuntington UniversityPiedmont Community CollegeUniversity of Pittsburgh TitusvilleCalifornia State University San BernardinoHusson UniversityPiedmont Technical CollegeUniversity of PortlandCalifornia State University San MarcosIllinois CollegePitt Community CollegeUniversity of Prince Edward IslandCalifornia State University StanislausIllinois Eastern Community College FrontierPittsburg State UniversityUniversity of Puget SoundCalvary Baptist CollegeIllinois Eastern Community College OlneyPitzer CollegeUniversity of Rhode IslandCalvin CollegeIllinois Wesleyan UniversityPlatt College ColoradoUniversity of RichmondCanadian Mennonite UniversityIndiana State UniversityPlattsburgh State UniversityUniversity of RochesterCanisius CollegeIndiana University BloomingtonPlymouth State UniversityUniversity of Saint ThomasCape Breton UniversityIndiana University EastPost UniversityUniversity of San DiegoCape Fear Community CollegeIndiana University KokomoPotomac State CollegeUniversity of San FranciscoCardiac & Vascular TechnologyIndiana University of Pennsylvania Academy of Culinary ArtsPresentation CollegeUniversity of ScrantonCarleton CollegeIndiana University Purdue University Fort WaynePrince Georges Community CollegeUniversity of Sioux 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CollegeUniversity of the ArtsCathy McMorrisIthaca CollegeRegent UniversityUniversity of the CumberlandsCayuga County Community CollegeITT Technical Institute TucsonRensselaer Polytechnic InstituteUniversity of the Incarnate WordCedar Crest CollegeIvy Tech Community College EvansvilleRets CollegeUniversity of the OzarksCedarville UniversityIvy Tech Community College LafayetteRhode Island CollegeUniversity of the SouthwestCenter for American EducationJacksonville CollegeRhodes CollegeUniversity of ToledoCentral Alabama Community College Alexander CityJames Madison UniversityRich Mountain Community CollegeUniversity of TulsaCentral Alabama Community College ChildersburgJNA Institute of Culinary ArtsRichard Bland CollegeUniversity of UtahCentral Carolina Technical CollegeJohn Carroll UniversityRichmond Community CollegeUniversity of VermontCentral Connecticut State UniversityJohn Paul the Great Catholic UniversityRipon CollegeUniversity of VirginiaCentral Wyoming CollegeJohns Hopkins 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PharmacyWarren County Community CollegeCollege of Southern MarylandLenoir Community CollegeSaint Louis University Madrid CampusWartburg CollegeCollege of Southern NevadaLenoir-Rhyne UniversitySaint Margaret School of NursingWashington and Jefferson CollegeCollege of the AtlanticLesley UniversitySaint Martin's UniversityWashington and Lee UniversityCollege of the MainlandLester L Cox College of Nursing and Health ScienceSaint Mary’s College (IN)Washington Bible CollegeCollege of the OzarksLewis-Clark State CollegeSaint Mary’s College (MD)Washington Hospital School of NursingCollege of WestchesterLexington CollegeSaint Mary's Seminary and UniversityWashington UniversityCollege of William and MaryLiberty UniversitySaint Mary’s University of MinnesotaWatkins College of Art and DesignCollege of WoosterLincoln CollegeSaint Mary’s University TexasWaukesha County Technical CollegeColorado Christian UniversityLincoln Technical Institute AllentownSaint Michael's College VermontWayne State UniversityColorado CollegeLincoln Technical Institute ColumbiaSaint Olaf CollegeWaynesburg UniversityColorado State University Ft CollinsLiving UniversitySaint Peter's CollegeWeatherford CollegeColumbia Union CollegeLon Morris CollegeSaint Thomas Aquinas CollegeWebb InstituteColumbia UniversityLone Star College SystemSaint Thomas UniversityWebber International UniversityColumbia-Greene Community CollegeLongy School of Music of Bard CollegeSaint Vincent CollegeWeber State UniversityCommunity and Technical College West Virginia UniversityLouisburg CollegeSalem State CollegeWellesley CollegeCommunity Christian CollegeLouisiana State University Baton RougeSalisbury UniversityWentworth Institute of TechnologyConcordia CollegeLouisiana Tech UniversitySalve Regina UniversityWesleyan UniversityConcordia College New YorkLouisville Technical InstituteSam Houston State UniversityWest Chester University of PennsylvaniaConcordia University (Ann Arbor, MI)Loyola Marymount UniversitySan Diego State UniversityWest Shore Community CollegeConcordia University WisconsinLubbock Christian UniversitySan Francisco Art InstituteWest Virginia University Hospitals Radiologic TechContra Costa CollegeLuther CollegeSan Francisco State UniversityWest Virginia University MorgantownCorcoran College of ArtLyme Academy College of Fine ArtsSan Jose State UniversityWestern Career College StocktonCottey CollegeLynchburg CollegeSandhills Community CollegeWestern Carolina UniversityCounty College of MorrisLyon CollegeSanta Clara UniversityWestern International University-OnlineCraven Community CollegeManatee Community CollegeSanta Fe Community CollegeWestern Michigan UniversityCreighton UniversityManhattan School of MusicSavannah College of Art and DesignWestern Nevada Community CollegeCrossroads CollegeMansfield University of PennsylvaniaSBS Swiss Business SchoolWestern New England CollegeCrown College (TN)Marian CollegeSchuylkill Health School of NursingWestern Washington UniversityDanville Regional 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Technology (MIT)Somerset Community CollegeWilliam Woods UniversityDeVry UniversityMaster's College and SeminarySonoma State UniversityWilliams CollegeDeVry University AlpharettaMatanuska-Susitna Community CollegeSouth Carolina State UniversityWilson CollegeDeVry University CAMayo School of Health SciencesSouth Piedmont Community CollegeWilson Community CollegeDeVry University CentersMcNally Smith College of MusicSoutheast Technical InstituteWinthrop UniversityDeVry University HoustonMedCentral College of NursingSoutheastern Bible CollegeWisconsin Indianhead Technical CollegeDeVry University Long Beach CAMercy College Dobbs FerrySoutheastern Free Will Baptist CollegeWofford CollegeDeVry University MissouriMercy School of Nursing (PA)Southeastern Oklahoma State UniversityWorcester Polytechnic InstituteDeVry University TexasMercy School of Nursing (NC)Southeastern Technical CollegeWorcester State CollegeDickinson CollegeMercyhurst CollegeSouthern Arkansas University Tech BranchWord of Life Bible InstituteDigipen Institute of TechnologyMessenger CollegeSouthern California Institute of ArchitectureWright State University DaytonDivine Word CollegeMessiah CollegeSouthern Catholic CollegeXavier UniversityDominican College of BlauveltMiami Dade CollegeSouthern Connecticut State UniversityXavier University LouisianaDominican University of CaliforniaMiami UniversitySouthern Illinois University EdwardsvilleYellowstone Baptist CollegeDowling CollegeMiddle Georgia CollegeSouthern Methodist UniversityYork College of PennsylvaniaDrake UniversityMiddle Tennessee State UniversitySouthern New Hampshire UniversityYork St JohnDrexel UniversityMiddlebury CollegeSouthern University Agricultural and Mechanical CollegeYork Technical CollegeDuke UniversityMidreshet LindenbaumSouthern Utah UniversityYoung Harris CollegeBoston CollegeIf you have taken the SAT more than once, Boston College will take the highest individual section scores from each date and combine those scores.BC AdmissionsBoston UniversityBoston University will allow students to choose [the College Board's Score Choice]; however, we strongly recommend students submit their scores each time they take the SAT. BU has always considered a student’s highest SAT section scores in making admissions decisions and will continue to do so.BU AdmissionsBrownWe automatically focus on your highest test scores and therefore Score Choice is a bit redundant.Brown AdmissionsColumbiaApplicants may select the Score Choice option for the SAT ... When evaluating applicants, we consider the highest testing results reported from individual sections of the SAT ... We are always seeking to give students the greatest opportunity to showcase their academic talents and hoping to make the testing experience as stress-free as possible. We encourage applicants to take these examinations no more than twice, but we do not penalize applicants for exceeding that recommendation.Columbia AdmissionsDukeStudents who have taken multiple tests may choose which scores to send to Duke. For students who elect to send multiple test scores Duke will use whichever score is highest.Duke AdmissionsGeorgetownGeorgetown University does not participate in the Score Choice option available through the College Board. Georgetown requires that you submit scores from all test sittings of the SAT ... If an applicant takes the SAT more than once, the admissions committees will consider the highest critical reading score and the highest math score from multiple test sessions when reviewing the application.Georgetown AdmissionsGeorgia Institute of TechnologyWe super score within the same test, using your highest section scores from any test date. Each time you submit new scores to us, we will update your record with your highest scores. We evaluate all your sub-section scores, not just the sum or composite.Georgia Tech AdmissionsHarvardYou are free to use the College Board Score Choice option.Harvard AdmissionsJohns HopkinsWe'll considers your highest section scores across all SATs taken—even if they were on different test dates—in our evaluation of your application. We therefore encourage you to update your application with new test scores each time you take the SATs.Hopkins AdmissionsMITIf you take [the SAT] multiple times, we will consider the highest score achieved in each section. This superscoring also applies to students who submit scores from both the "old" and "new" SAT. We do this in order to consider all applicants in their best light. Students are free to use the College Board's Score Choice option ... to submit the scores of your choice as well.MIT AdmissionsNew York UniversityIf you’ve taken the SAT more than once, you can select which results you want to send to us using Score Choice. We will review the highest SAT scores you submit, regardless of test dates. This practice is commonly known as the “superscore.” If you submit scores from the old and new versions of the SAT, however, we will not create a new “superscore” as the old SAT is a different test from the new SAT.NYU AdmissionsNotre DameIf you submit multiple SAT scores, we will superscore the tests for our evaluation. This means we will use your highest individual SAT Evidence-Based Reading and Writing and Math sub-scores from multiple testing dates to compute your composite score.Notre Dame AdmissionsPrincetonWe allow applicants to use the score choice feature of ... the SAT ... but we encourage the submission of all test scores.Princeton AdmissionsStanfordStanford is an "all scores" school, which means you must report all scores from all high school sittings of [the SAT] ... For the SAT, we will focus on the highest individual Evidence-Based Reading and Writing, Math, and Essay scores from all test sittings. For SAT exams taken prior to March 2016, we will focus on the highest Critical Reading, Math and Writing scores. Because we are not able to superscore across the two exams, we will superscore results within the old and new SAT exams separately.Stanford AdmissionsUniversity of ChicagoWe recommend you send us all of your test scores. Only your best testing results (highest sub-scores AND/OR best result of the 2 testing options—SAT vs ACT) will be included/used in your admission review. Lower testing will not be included in your final/official application so it cannot count against you.U Chicago AdmissionsUniversity of ConnecticutWe will combine the highest scores from each subsection of an exam to create the best overall score (within same exam formats) for exams taken more than once.U Conn AdmissionsUniversity of MiamiIf you take the test more than once, please ensure that the testing agency sends all of your scores so that we have your best performance on record. The Admission Committee will consider all official test scores from multiple test dates. We will use the highest composite score from among each test that you’ve taken.U Miami AdmissionsUniversity of North CarolinaIf you send us scores from multiple test dates, we’ll take your highest score for each section of the test and consider those scores as we evaluate your application. If you send us both an SAT and an ACT, we’ll look at whichever is higher.UNC AdmissionsUniversity of Southern CaliforniaFor students who take the SAT more than once, USC records the highest scores for each section—even if achieved in different sittings—but will not combine section scores from the old SAT (prior to March 2016) and the redesigned SAT.USC AdmissionsUniversity of VirginiaIt has been the Office of Admission’s long-standing policy to consider the best test scores submitted by applicants. When reviewing SAT scores, we use the top score from each section across all administrations of the exam. Scores from the previous version of the SAT and the current SAT will not be combined ... We hope you will submit all of your scores knowing that we will recombine the sections to get the best possible set of scores.UVA AdmissionsVanderbiltVanderbilt strongly encourages students to submit scores each time they take the SAT. Vanderbilt will super-score among Old SAT tests and among New SAT tests, but will not super-score between the Old SAT and the New SAT. Only the highest section scores for either the Old SAT or the New SAT will be considered as part of the admissions review process. Each time SAT scores are submitted, the student's record is updated with the new high section scores.Vanderbilt AdmissionsVillanovaCandidates are asked to submit their scores from each sitting of the SAT ... understanding that the Admission Committee will superscore the highest Evidence-based Reading and Writing scores and Math scores from the SAT.Villanova AdmissionsVirginia TechAt Virginia Tech, we superscore across test dates AND across exams—meaning we’ll look at your highest Math and English subscores and even combine scores from the SAT and ACT. For example, the Committee could consider your SAT Math and ACT English subscores when reviewing his/her application.Virginia Tech AdmissionsYaleWhen assessing SAT results, admissions officers will focus on your highest individual old or new scores from all test dates. For example, if you took the old SAT twice, your highest Critical Reading, Math and Writing scores will be considered individually. If you took the new SAT twice, your highest Evidence-Based Reading and Writing, Math and Essay scores will be considered individually. If you took both types of SAT, the admissions office will treat them separately and review the best scores on each test.Yale…SORRY FOR SUCH A LONG LISTREGARDS

This answer may contain sensitive images. Click on an image to unblur it.I’ll open with a warning: what follows isn’t short, isn’t simple, and isn’t likely to leave anyone feeling entirely satisfied.But it is important. Deeply so.Like many, my first exposure to this story was via Emily Doe’s victim impact statement — an eloquent essay that became a key plank in the scaffolding of the #MeToo movement, itself the most overdue reckoning of our time.Emily referred to her statement as a “tiny fire”. It was anything but. It raged, far and beautifully. Reading it brought back the tears I shed with those I love as they wrestled with their own aftermaths. If you’d asked me in the hours after, I would have signed any petition and joined any march. I was inspired, and angry.That’s the thing about righteous anger: it burns.But once my fire had time to reduce down to coals, I decided to learn more about the judge in question. I wanted to understand why he did it.What I found was unnerving.The Big PictureI’ve invested a lot of time into this case over the past two years. I’ve reviewed all but one of the public trial documents, most of them multiple times. I’ve waded through somewhere around 100 additional articles, transcripts, and recaps. I’ve checked, cross-checked, and re-checked. This is by far the most work I’ve put into a single piece of writing. I wanted to be clear, and sure.My conclusion?Righteous anger blinded us to some really important things.This shouldn’t be surprising. We’re hardwired for clean narratives. We love being presented with binary action options that let us make our stance towards larger issues known. We love to reduce the chaos of the world to simple propositions that let us clearly place ourselves on the right side of the things we hate.Trouble is, Judge Persky’s recall was always more complicated than a simple referendum on how we feel about sexual assault. A vote against him was never a vote for justice or a vote against rape culture. It was a vote for a story. And it so happens that there was far more to this particular story than most of us knew.For a distilled version of my thesis, I’m going to quote (of all things) a random Reddit user:My lawyer friend had this take on it: “Let’s be clear: Brock turner is a piece of sh*t. The justice system failed this woman. But when our jails and criminal courtrooms are still primarily filled with poor / black / brown / undocumented defendants, scaring judges out of showing leniency is not achieving justice. The Brock Turners of the world will not pay for Persky’s recall.”That last line really gets to the heart of it.The Brock Turners of the world will not pay for Persky’s recall.If true, this suggests a crucial question: if the recall won’t hurt Brock or those like him, who will it hurt?That’s what I want to explore in what follows.Just four quick caveats/clarifications before we get into the meat of it:Brock Turner did a terrible thing. I have no interest in exonerating him. What follows is less about him and more about modern journalism, our treatment of Judge Persky, and our ideas of justice more broadly.For the purposes of cutting length, I’ve moved everything not vital to this story into a supplemental post. You’ll find an index of the topics it covers at the end.Some who read this will likely have cast a ballot in favor of Persky’s recall. Please know I have zero desire to confront anyone for their vote. My aim is to deconstruct the popular narratives behind the campaign for going-forward value only.I’m neither a lawyer nor a trained journalist. While I’ve done fairly extensive research into sexual abuse and its prosecution in the course of past roles, I’m not a credentialed expert there either. As such, I’ve gone to lengths to link authoritative sources as I go.That all in mind, let’s dive in.The Story of What HappenedIf you boil down the majority reporting, you get a story something like this:A rich white kid was caught raping an unconscious woman behind a dumpster, then was let off with a slap on the wrist because his rich white judge was also once a Stanford athlete.Some of the better outlets were a bit more nuanced than that, but they were few.What We KnowAt 12:19am on January 18th, 2015, Emily Doe receives a call from her boyfriend in Philadelphia. She’d just left him a voicemail that he couldn’t make sense of. When she picks up, her speech is heavily slurred. The boyfriend is concerned. He tells Emily to find her sister.Unbeknownst to him, Emily’s sister had left two minutes earlier to take a friend somewhere safe for the night. So when Emily rings her at 12:29am, the sister is still preoccupied. She asks Emily to call her back.When Emily doesn’t, the sister both calls and texts her.She gets no response.At 1:01am, the police are dispatched. Two cyclists had found a young man, later identified as Brock Turner, thrusting atop an unconscious Emily. The cyclists tackle Brock and hold him until the campus police arrive five minutes later.The authorities find Emily out cold, her underwear in a ball next to her, her other clothes in various stages of undress. Brock has his pants on, but seems to be erect underneath.Emily doesn’t wake up for several more hours. Even after the IV drip, she’s at no less than a .22 BAC — blackout territory. When she does wake up at 4:15am, she doesn’t remember anything from after about when her sister left.The police do tests. Emily hasn’t been drugged. But the tests do confirm something else: Emily has been assaulted. No semen, but the abrasions are consistent with aggressive digital penetration. They also find Emily’s DNA on Brock’s right hand.What We Don’t KnowBetween 12:29 and 1:01, Emily Doe moved from the patio of Stanford’s Kappa Alpha house to where the cyclists found her — lying on a slope near a three-sided wooden enclosure often used to store bikes and the frat’s dumpster.No one except perhaps Brock Turner knows how Emily traveled those 116 feet, nor in what state. We do know that it was in the rough direction of his dorm, and that she had no bruises or defensive wounds consistent with a struggle. But as to what motivation drove her from the porch, we have only his word. He says he invited her to his room. She doesn’t remember anything.Some time after his arrest and initial statement, Brock expands his story (which now conflicts in places with his original testimony):They had been kissing and dancing on the porch.She agreed to leave with him.On their way to his dorm, she slipped on the pine needles on the slope.They laughed about it.He leaned in and kissed her.Rather than getting up, he proposed digitally pleasing her then and there.She consented, and rubbed his back as he proceeded.He thought she climaxed.He moved on to dry-humping.He hopped off at some point because he was feeling sick.It was only then that he noticed the cyclists.He doesn’t know when Emily lost consciousness, or her name.Apart from the question of when he got off her relative to the cyclists’ arrival (they both say he dismounted and fled after they announced their presence), Brock alone knows how much of this is true. He was drunk that night, but not so drunk that he’s likely to have forgotten much. His BAC was around .16 at the time of arrest. Drunk enough, but still aware. And culpable.Sadly, we have no help from other witnesses. We know that Brock kissed Emily’s sister earlier and that he was generally acting in a hounding sort of way. The sisters and their friends teased him with a nickname based on how he resembled someone else they knew. But no one saw them together after Emily’s sister left, nor did anyone hear or see any kind of struggle or altercation.At minimum, Brock was caught dry-humping someone no longer conscious. As for how long she’d been in that state or what prior consent she may have given for that or other acts (or in which state she gave it), we have only his testimony, uncompelling as it is.The Anatomy of White PrivilegeLet’s recall the popular framing:A rich white kid was caught raping an unconscious woman behind a dumpster, then was let off with a slap on the wrist because his rich white judge was also once a Stanford athlete.Well, about that.As it happens, the Turner family isn’t exactly rich. Brock was attending Stanford on a 60% swimming scholarship. His two older siblings weren’t so lucky. All told, the three kids accumulated some $150k in student debt between them. The family wasn’t poor enough for full aid, nor wealthy enough to afford the tuitions outright. Their household income would be significant in context of Dayton, Ohio, but rather modest in context of the average Stanford student or Bay Area resident. In all likelihood, Brock’s case will leave them in or near bankruptcy.[EDIT: Brock’s mom mentions $90k in student debt for his two siblings in her testimony. I can’t recall where I got the $150k figure from, but the delta might be from Brock’s remaining costs after his scholarship.]And if the narrative isn’t quite true with Brock, it’s far less true with Judge Persky. If we look into his record, we find that:He’s a decorated advocate for mental health, AIDS awareness, and civil rights, known for generous pro bono work. His non-profit work included time on the board of the Support Network for Battered Women in Santa Clara.Before becoming a judge, he served for six years as a well-respected prosecutor focused specifically on sexually violent predators.As a judge, he had a thoroughly corroborated and very public history of ruling equally across ethnic lines. He has no record of favoring whites or disfavoring anyone else. (Some claim otherwise. We’ll get to that.)He was one of many Stanford-educated judges serving on a Bay Area court (though he actually got his law degree elsewhere).Prior to the Turner case, he’d never had an official complaint launched against him.Almost everyone who’d ever worked with him (prosecutor or defender) had only positive things to say about his character and judgment. (We’ll get more into this later too.)The entire basis of Turner’s appeal is that Persky was prejudicial against him.In other words, Turner wasn’t an overly privileged kid (apart from his skin, which we have no reason to believe played a role in the courtroom), and Persky had no particular reason to favor him.This isn’t to say that white privilege in courtrooms isn’t a thing. Nearly every study I’ve ever consulted says it is. But Aaron Persky happened to be one of the judges well-known for fighting against that particular problem.[EDIT: The original suggested that Persky’s wife was African-American. I got that wrong. She’s Asian-American. Mea culpa.]To The Left, To The LeftIt’s worth noting that Aaron Persky is, by all accounts, almost stereotypical in his philosophical consistency. Like many Bay Area natives, he seems a dyed-in-the-wool progressive, possibly from the womb.Putting that into practical terms as it concerned his judgeship:He favored restorative over punitive justice (i.e., he worried more about improving the future than correcting the past).He had a fondness for tailored punishments (which data suggests are more likely to produce positive outcomes).He was against prison in general, especially for first-time offenders (unless there was reason to believe that their release would lead to re-offense or some other public harm).Media distortion aside, I think part of our problem with Turner’s sentence has a lot to do with the difficulty of this philosophy. Progressive values are tough. They ask us to accept hard truths about the limits of eye-for-an-eye rulings. They ask us to take a much longer view of things. They give us precious little catharsis.As a consensus of qualified parties later acknowledged (we’ll get to them), most progressive judges would have placed a broadly similar sentence on Turner as Persky did. If we have a problem with that, it’s really with progressivism itself, not with a man who had long been an exemplary and consistent steward of the values he was appointed to uphold.The Day of JudgmentThe jury found Brock Turner guilty of three crimes:unlawful sexual penetration of an intoxicated personunlawful sexual penetration of an unconscious personassault with intent to commit rape of an intoxicated or unconscious personAs he often did, Judge Persky opted to follow the Santa Clara County Probation Department’s recommendation to the letter, sentencing Turner to six months in county jail, three years of probation, a year of mandatory counselling, lifetime sex-offender status, and a handful of non-trivial financial penalties.That’s a lot. But the crux of this particular case is that we have a tendency to over-focus on just one of those punishments. Our diet of scripted crime dramas has tuned us to see prison sentences as the real meat. Everything else feels trivial and insufficient to answer the demands of anything we’d agree upon as full justice.Well, here’s the thing: prison time is not intended to be the real punishment.There’s been a growing consensus in the legal community (particularly in progressive circles) that two things are particularly punitive:The restrictions and stigma that come with a felony conviction.The restrictions and stigma that come with being a registered sex offender.Around a week before Turner’s sentencing, Judge Frederic Block of the Eastern District Court of New York dropped whatever the judicial equivalent of a hit record is. Over the course of 42 pages, he artfully outlined what progressive judges have been saying for decades: that the 50,000 or so various legal restrictions applied to felons across the US often produce something quite other than their intended civic effect.Sexual offenders have it even harder, particularly in states like Ohio (where Turner is from, and to where he returned). I get more into the other downsides of sex offender status in the appendix, but suffice it to say that they are many and meaningful. As just one: he’ll have to register in the same category as pedophiles.Being honest, I find it improbable that the accompanying downsides could fail to deter anyone capable of being deterred. Even before his sentence was compounded by the public attention, it’s exceedingly difficult to imagine a scenario in which a would-be rapist could look at the totality of Brock’s punishment and consider it a slap on the wrist worth risking.It’s for this reason that progressive judges tend to eschew prison time unless especially warranted. In their calculus, most facilities are under-funded and over-crowded anyway. And while long sentences might give the illusion of justice, the evidence (see appendix) says they aren’t actually any better at producing rehabilitation or deterrence. As such, adding another prisoner at taxpayer expense only makes sense when the taxpaying public is receiving some extra benefit in return.Put another way, progressives judges tend to use prison as a means of protecting the public, not punishing the perpetrator. It’s just not that useful at the latter.And so, given the cost and diminishing returns of imprisonment, the relatively low risk of re-offence, and the presence of what they felt was sufficient empathy and remorse, two seasoned Santa Clara County probation officials, both of them women, decided there was no compelling public benefit in Brock Turner spending more than six months behind bars.Judge Persky, in turn, found no cause to disagree. He handed down the recommended sentence with detailed commentary as to the mechanics of his thinking. (While the infamous phrases “severe impact on him” and “I take him at his word” do appear in there, the context is other than you may think.)Though Justice Be Thy PleaNow, if a longer sentence does little-to-nothing to improve deterrence, little-to-nothing to reduce recidivism, and eats up costly public resources better spent on increasing conviction rates (which very much do matter), we’re left with a very important question:Who exactly is benefited by Brock Turner being in prison?This returns us to rival definitions of justice. Is it the gut pleasure of evil being overwhelmed with swift retribution? Is it the cold math of reciprocity? Is it maximum possible deterrence? Is it the measured response of a society determined to salvage what they can as best they can? Or, as some wonder, is it the victim getting what they want?Emily’s impact statement was published on June 3rd, 2016, exactly a month after her interview with the probation officer. A good chunk of it is dedicated to revisiting their discussion and how the latter party interpreted it.While we can (and should) be sympathetic to the inadequate amount of time that the two spent together, what Emily said at the time seems pretty clear.Note that last half-line. Then note what Emily says in her letter (emphasis mine):I told the probation officer I do not want Brock to rot away in prison. I did not say he does not deserve to be behind bars.Unless we’re going to quibble about the difference between “need” and “deserve”, there’s a discrepancy there. Is it possible that the probation officer paraphrased incorrectly? If anyone made that claim, I didn’t come across it.[EDIT: I suppose you could read Emily’s comment as “I didn’t say that last half-line from the report in any form”, but that would be a curious way to phrase it. I guess we’ll see if she clarifies in her forthcoming book.]Based on what Emily says in her impact statement, it seems more probable that three other factors played into her shift:The meeting wasn’t long enough for full nuance. The probation officer wasn’t wrong in her transcript. She just got a rushed, incomplete picture.When Emily made her statement, she wasn’t privy to what Brock would say in his. As such, what she suggested was predicated on her assumption of a certain remorse on his end.It wasn’t until she read his statement and the defense’s sentencing memo that it became clear to her that neither she nor the process had reached Brock in the way she’d hoped.To give a quick taste of how Turner framed it:I am the sole proprietor of what happened on the night that these people’s lives were changed forever. […] I can never forgive myself for imposing trauma and pain on [her]. It debilitates me to think that my actions have caused her emotional and physical stress that is completely unwarranted and unfair. […] I wish I had the ability to go back in time and never pick up a drink that night, let alone interact with Emily. […] At this point in my life, I never want to have a drop of alcohol again. […] I know I can impact and change people’s attitudes towards the culture surrounded by binge drinking and sexual promiscuity. […] I made a mistake, I drank too much, and my decisions hurt someone.He’s basically saying “everything between us was consensual — I just made a mistake in not recognizing how drunk she was, mostly because I was really drunk myself”.Emily felt this fell short of full honesty and remorse. I’d tend to agree.The trouble is that to expect more was a very bad idea.Defense attorney Nicholas Wooldridge explains it neatly:[The statement that] Brock's victim read during the sentencing hearing underscored the detachment between what victims expect from the criminal justice and what the criminal justice system is designed to deliver. Her victim impact statement was an attack on the system—she wanted a trial where Brock admits his guilt—that's not what happens in an adversarial system. A trial is a contact sport with a binary outcome: guilty or not guilty. The victim expected something from the criminal justice system that it was never designed to provide outside of the movies, at least, so long as fundamental principles such as the presumption of innocence or due process are to have any meaning. The victim is very much entitled and has a right to expect some responsibility, accountability, remorse and perhaps understanding and support from her attacker (by not having put her through the trial process in the first place)—but the criminal justice system is a blunt force tool not designed to provide any of the things that she desires. And, even after conviction, many defendants choose to appeal, so to expect a confession at that point is a non-starter.We can add to that a few comments from Judge Persky at sentencing:And so you have Mr. Turner expressing remorse — which I think, subjectively, is genuine — and [Emily] not seeing that as a genuine expression of remorse because he never says, “I did this. I knew how drunk you were. I knew how out of it you were, and I did it anyway.” And that — I don’t think that bridge will, probably, ever be crossed.Mr. Armstrong [Brock’s attorney] offered an explanation for that disconnect, which is that Mr. Turner, in his state of intoxication, sees the events in a certain way. And if he were to, just for the benefit of a lighter sentence or to pacify the Court or the public, come in at a sentencing hearing or any other time and state otherwise, which I’m sure defendants do all the time, he really would be not honest. I mean, I take him at his word that, subjectively, that’s his version of events. […]Once a jury renders a verdict, everybody is bound by that verdict. Everybody must accept the verdict, including Mr. Turner. But I’m not convinced that his lack of complete acquiescence to the verdict should count against him with respect to an expression of remorse, because I do find that his remorse is genuine.Emily’s counsel should have prepared her for this. From the outside, it seems that Ms. Kianerci may have been more focused on preparing a memo of her own — one meant to match her client’s in tone and effect. But however their discussions went, Emily seems to have come out with expectations sure to disappoint her. Brock didn’t get all the way to Jesus, no. But that was never likely to happen. It just wasn’t a reasonable thing to hope for in context.That said, Brock did get somewhere. In the opinion of the probation department, he demonstrated that he understood that he’d hurt Emily and why and how he needed to change. For them, that was enough.It isn’t that we shouldn’t want more from him. We’d just be unwise to pin our hopes on it. The law is frustrating like that. It almost never gives us the justice we want in our bones.But neither does any alternative we’ve ever come up with.Enter the Den MotherIf you’ve heard of this case, it’s likely because of Emily’s letter.If you have strong feelings against Judge Persky particularly, it’s likely because of Professor Michele Dauber.For those keen to really get into her bio and likely motivations, I recommend this excellent Highline piece. It’s by far the best thing I’ve read about the case in general (though that bar is low enough to be fit for a round of championship-level limbo).But for those who already feel over-invested (you have my empathy), here’s the gist of what Professor Dauber is all about:She had two direct connections to this case: (i) to sexual assault at Stanford, (ii) to Emily personally.In the first case, Dauber was an internal crusader at Stanford. She’d pushed hard to modernize what she felt were backward and antagonistic sexual assault response policies. While this introduced friction with her colleagues, that wasn’t enough to deter her from a cause she believed too just and too needful to ignore. She seems very much the type to dig her heels in when on the side of perceived righteousness.In the second case, Emily was like a daughter to her. One of Dauber’s own daughters was roughly the same age, and the two had been “inseparable” in childhood. Emily had even joined them on at least one family vacation.(As an aside, Dauber has an impressive backstory. She rose from being a homeless teenager working on her GED to a tenured position at one of the most prestigious law schools in the world, all while raising five kids in the process!)In sum, we have a tenacious advocate for women being led to apply that tenacity in the aid of a young woman she loved dearly.On the surface, there’s a lot that’s good and wholesome in this. I’m glad Stanford has her. And I’m glad Emily had someone like that in her corner.The issue is that Professor Dauber didn’t stay in the corner. Despite the obvious concerns about being too close to the case, she decided she was going to enter the ring and go after Persky personally for failing to deliver the justice she felt Emily deserved.But while intimacy clouding judgment was always going to be a concern here, there was something else too. Something more concerning.In this particular war, Professor Dauber had a hard time telling the truth.A Tale of Two SidesAs Professor Dauber’s recall campaign gained steam, the legal community began sorting themselves in two camps.Except, not really.Though much of the reporting would give the impression of arrayed forces on both sides, the ratios here were, well, not very equal.I asked around, reviewed the recall campaign’s website, combed through newspaper archives, and Googled to the best of my ability. From what I could find, precious few legal professionals, active or retired, were inclined to take Dauber’s position. I managed to identify eight in total, at least six of whom either had conspicuous causes of potential bias or a noticeably deficient understanding of the case. Some had both.In no particular order:Stanford Professor Mark Lemley (who found that Persky didn’t commit misconduct, but somehow thought he should be recalled anyway).Brandeis Professor Anita Hill (who, though I think highly of her, has her own well-known history here).California Attorney General Kamala Harris (who was stumping at the time, and spoke of the case as if she hadn’t gone deep on the details).NY Senator Kirsten Gillibrand (same as Kamala).Retired U.S. District Judge Nancy Gertner (who may or may not have actually supported the recall — the article they quote from is paywalled, and the excerpt itself is negative but inconclusive; it’s also unclear from the excerpt how well she understood the details of the case).Georgetown Professor William G. Otis (who wrote a New York Times op-ed which opens with the phrase “it is not disputed” and then carries on to list facts very much still in dispute).Stanford Professor David Palumbo-Liu (whose op-ed in The Guardian made a particularly brittle argument that Persky was racially biased based on a single ill-reasoned point of comparison).Attorney Barbara Spector (who was the plaintiff’s lawyer in the De Anza case and still seems angry at Persky about it, despite his decisions being deemed uncontroversial by nearly everyone else). [EDIT: There’s more about the De Anza case in the appendix. Nearly every article written about it as it concerns Persky omits really important context.]All considered, not exactly a weighty lot.[EDIT: I’ve taken Judge Del Pozzo off the list. The recall campaign quotes his disagreement with the Turner sentence, but fails to mention what he says minutes later in the same podcast interview: “Should he be recalled? Absolutely not.” Del Pozzo also goes on to say of Dauber’s attempt to show a pattern of favoritism in Persky’s past cases: “she fell flat on her face”. So yeah. If there’s a pattern, it’s misrepresentation on her part. See audio from 49:30.]The campaign otherwise rested on quotes from Dauber’s husband, a few politicians, a flock of random celebrities — oh, and one more retired judge.Trouble is, that last judge was LaDoris Cordell, who happens to have been the most vocal voice of the pro-Persky counter-campaign.(Best as I can tell, Dauber had some intern/assistant pull every quote that looked like it could be rhetorically favorable, context and integrity be damned.)While they were happy to quote Cordell about a different trial, they left out this more relevant gem:We did everything we could possibly do to fight the most dishonest campaign I had ever encountered. It was dishonest about who Aaron Persky was on the bench, and dishonest about his record. People were basically ill-informed about him and also about how the court system — and particularly the criminal justice system — works.She went on elsewhere to call Dauber a “bully” and “a smart, relentless, troubled human being”. So, yeah, perhaps not a star witness for the prosecution.As for the anti-recall team, support letters were signed by at least 95 law professors (including 29 from Stanford), the California Judges Association, the Santa Clara Bar Association, and quite a long list of Bay Area public defenders. Supportive op-eds appeared all across the US (and beyond).More narrowly, I was particularly interested in what those connected to the Santa Clara justice system thought. In reading those takes (here, here, here, and here), you’ll notice a common theme. The only person with direct knowledge of Persky that supported the recall seem to be Spector, a woman with a long-standing grievance not shared by her peers. The rest were effusive in their praise and/or defense.But the real kicker is that the recall was also opposed by the last three elected District Attorneys of the Santa Clara County Court — including none other than Jeff Rosen, i.e. the DA that oversaw the prosecution of Brock Turner.[EDIT: Note this quote from Rosen to the New York Times: “Most of the judges in California would have done the same thing as Judge Persky.” Also, see the appendix for more context about Rosen and Persky. The recall campaign played dumb to a great deal of background info that was rather damning to their position.]All said, it seems that the recall effort wasn’t really supported by any legal professionals with significant knowledge of Persky or the case.Which raises the question; why did it pass?History on RepeatAs the media did a decent job of making clear, recalls are extraordinary measures. There’s a reason California hadn’t passed one since 1932.To quote the California Code of Judicial Ethics:An independent judge is one who is able to rule as he or she determines appropriate, without fear of jeopardy or punishment. So long as the judge makes rulings in good faith, and in an effort to follow the law as the judge understands it, the usual safeguard against error or overreaching lies in the adversary system and appellate review.Put simply, there are better means than recall to correct otherwise good judges when they err.Of course, the sticking point here is whether or not Persky ought to be viewed as good. Professor Dauber clearly felt otherwise, pointing to what she claimed was a history of gender and racial favoritism.Well, those concerns were investigated by three bodies:The California Commission on Judicial Performance (report here).The Associated Press (findings here).Local newspaper Palo Alto Online (rundown here).Taken together, they found exactly one case where Persky did something even vaguely objectionable. And that exception concerned a somewhat obscure quirk of an interstate compact that even California’s overseer of said compact suggested was unclear to many judges.(In the interest of fairness, the recall campaign did write up a response to the CJP report. I personally found it poorly-written, misleadingly-framed, and not terribly compelling. But your mileage may vary.)Now, in the absence of any real evidence, one might wonder on what basis someone might still push for a recall?The clearest answer I can give you comes in the form of a editorial from The Mercury News (a Bay Area paper that covered the trial):The decision comes down to this: Voters need to stand up and make a statement on behalf of women and men about the seriousness of sexual assault. Persky’s sentence failed to do so to an extent that he never will again be able to serve as a respected, effective judge. He should be recalled.Bizarrely, the editors went on to concede that the recall team had cherry-picked data and that the CJP had reviewed the relevant cases and found Persky innocent of any misconduct. And yet they supported the recall anyway because…?It may not be fair to Persky, who is a decent man and an able judge. […] But opportunities such as the Turner case to alter longstanding cultural problems are rare. It’s imperative that Santa Clara County lead where Persky failed when given the opportunity.I struggle deeply with that thinking. The idea of offering up innocent sacrifices in the name of progress is Bronze Age thinking. We have a long history of that approach ushering in grotesque unintended consequences. We also have mines of data telling us that increasing social pressure on judges inevitably leads to less overall justice.Even so, the editors hand-waved those concerns away, suggesting that any damage a recall might unleash had already been summoned anyway.Well, here’s the thing: all available evidence suggests that this take is wrong.Paying the PiperDo you know what happens when you make judges afraid of being perceived as soft on crime?To quote the Dean of Law at Berkeley:Efforts to recall judges for light sentences encourage judges to impose maximum penalties out of fear that anything else could cost them their positions. After all, no one has begun a recall when a judge imposed an outrageously high punishment, such as in the first case I argued in the Supreme Court where my client received a sentence of 50 years to life under California’s “three strikes law” for stealing $153 worth of videotapes.Judicial independence is crucial to upholding the rule of law, and history shows that it is lost when judges fear removal for their unpopular decisions. This is not a new realization.Not new indeed. As per a metastudy by the Brennan Center (NYU Law) in 2015, more public pressure on judges invariably leads to longer sentences and more death penalties. This is something we’ve understood for a while.And, as with so many things, this is worse for minorities. Every “tough on crime” push falls heaviest on their shoulders (which statistically has nothing to do with how often they commit crimes). This is cruelty for them.Perhaps most perverse of all, longer sentences can also result in fewer men being held accountable for sexual assault. From my own work with shelters and sexual-assault counsellors, female victims have a tendency to be reluctant to name and charge their assailants when the penalty is perceived as being too severe.So, the net outcome of Persky’s recall?Judge Persky, stripped of his judgeship, had to take the numbers off his house because his address was doxed online.Judges, terrified of being “Perskied”, will now rule more harshly and with less discretion.More bills like Assembly Bill 2888 will introduce new mandatory minimums (again leading to diminished judicial discretion).Fewer men like Brock Turner are going to be prosecuted.Who exactly is winning here?A Better WayMy heart breaks for victims of abuse. I know what it’s like to weep with them. I have an idea of what it takes for them to rebuild, and how difficult it can be for them to relearn how to feel safe and whole. We should have deep empathy.To quote Emily (emphasis my own):I stood [in the shower] examining my body beneath the stream of water and decided I didn’t want it anymore. I was terrified of it. I didn’t know what had been in it, if it had been contaminated, who had touched it. I wanted to take off my body like a jacket and leave it at the hospital with everything else.On that morning, all that I was told was that I had been found behind a dumpster, potentially penetrated by a stranger, and that I should get retested for HIV because results don’t always show up immediately. But for now, I should go home and get back to my normal life. Imagine stepping back into the world with only that information.Imagine that indeed.There’s a lot there to chew on, and a lot we need to fix. But doing so is going to take far more than casting a ballot. These aren’t problems we can abstract or outsource. If we want culture to change, we have to roll up our sleeves and do the messier, much harder work.As a short list of what that might entail:Demand better journalism. Most of the reporting on this case had negative value. Lazily rewriting a trending story for clickshare is how the press dies. Why was the Highline piece the only coverage that helped me really understand the case?Demand increased budgets. Emily said she had a “fifteen minute” conversation with the probation officer, most of which was spent reviewing legal procedures. That isn’t sufficient. If we want victims to feel like justice has been served, the most important factor is making sure they feel (and are) heard.Train and volunteer as crisis counselors. Most sexual assault victims get (at most) a half-dozen sessions with a qualified therapist. They need far more support than that. Every victim should have people they can turn to for help — for as long as it takes.Train and volunteer as youth mentors. Teaching consent is critical. Young men like Brock Turner need to be told by every adult in their various orbits when to stop and why. This message can never be repeated often enough by enough different people. Millions of teens are still unclear on the basics.Watch over our friends. Victim-blaming is a problem. But that doesn’t mean we don’t need more dialogue about responsible partying. Anyone with a BAC 3 to 4 times the legal limit needs to be cared for. Try as we might (and must), we can’t catch and cure all the predators out there. But we can limit the opportunities for them to act (while also reducing the risk of other non-predatorial safety concerns).Support and celebrate wins. The conviction rate for sexual abuse is well under 1%. When it touches those near us, we need to walk alongside them through what can be an enormously draining process. Many won’t pursue charges because they worry about their own ability to get to the other side intact. That’s far more bearable with cheerleaders and warm voices saying over and over again “we will win together”.What happened to Emily should be a spur to all of us — not towards reflexive action, but towards creating a world in which young women like her don’t have to wake up alone in a hospital room wondering what happened, if their body is still their own, and what we’re going to do on their behalf.Covered in the appendix:What else should people know about Judge Persky’s background?Didn’t Judge Persky favor student athletes in the De Anza case?What would a normal sentence be for Turner’s specific crimes?What actually deters would-be offenders from sexual crimes?What’s the basis of Turner’s appeal?What about that letter from Turner’s father?What other motivations may Professor Dauber have had?Does it matter that Professor Dauber was never a lawyer?What impact does being on a sexual offender list have on one’s life?How likely is it that Turner took a picture of the victim?How aware was Turner that what he was doing was criminal?Don’t Turner’s comments about drinking prove that he still doesn’t understand what he did wrong?What’s the real purpose of victim impact statements?EDIT: I published my first draft here on June 18th, 2018, then made some cosmetic edits in the days following. I’ve now returned a year later to give it another once-over. See the edit log for a full list of changes (most for clarity).