Stanford Law Professor says, “Fair to Whom?”

 

Harriet —

In the same courtroom where Judge Persky sentenced Brock Turner to a lenient six months in county jail for three counts of sexual assault almost one year ago, another privileged perpetrator was given a lenient sentence.Neha Rastogi, a former Apple executive, suffered at the hands of her husband, Silicon Valley CEO Abhishek Gattani, for their entire relationship. He was first arrested in 2013, but the abuse only intensified. Recently Neha went back to the police for help and Gattani was charged with felony domestic violence.

But the prosecutor offered Gattani a plea deal to reduce the charge from felony domestic violence to accessory after the fact, with an accompanying misdemeanor of “offensive touching.” The deal includes a six-month jail term but Gattani will serve less than 2 weeks in jail and he will have the chance to expunge the felony from his record entirely. The prosecutor described this extremely lenient deal as a “fair outcome.”

Fair to whom? Certainly not Neha. She has described Gattani’s actions as terrorism — the plea deal lets him off the hook while his actions will stay with Neha for the rest of her life. Please sign our petition to #StandWithNeha and demand justice for victims of domestic violence and sexual assault.

With a previous domestic violence charge, recordings of Gattani’s abusive behavior, and pictures of her injuries, Neha thought her long nightmare was over — but the Santa Clara court system failed her. Neha prepared to object the lenient sentence in a harrowing victim impact statement — but in a further slap in the face, Judge Danner wasn’t even there. Danner had scheduled her vacation the same time as the sentencing.

Judge Rodney Stafford, a substitute judge who didn’t know anything about the case, was so moved by Neha’s statement that he has rescheduled the sentencing so Judge Danner must consider Neha’s statement before sentencing her batterer.

It seems fitting that a plea deal so lenient for a privileged defendant happened in the same courtroom that Judge Persky made his special exception for Brock Turner — a privileged Stanford athlete after sexually assaulting an unconscious woman behind a dumpster.

It is the judge’s job to make sure that justice is done — the judge has the ability and the obligation to refuse a plea deal if it is too lenient.

Please sign our petition to #StandWithNeha to urge Judge Danner to listen to Neha’s victim impact statement before Gattani is sentenced. With the recall of Judge Persky, we can send a message that violence against women must be taken seriously by the courts.

Thank you,
Michele Dauber
Chair, Committee to Recall Judge Persky

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