The now 22-year-old was charged after two students at Stanford witnessed him on top of a half-naked woman outside a fraternity party in January 2015.
Turner was convicted of three felonies, including assault with intent to rape an intoxicated woman and sexually penetrating an unconscious person with a foreign object, The Sydney Morning Herald reports. Though he was given a six-month sentence, he was released for good behaviour after serving three months.
Now Turner's lawyer is arguing that his client’s conviction should be overturned because he only wanted “outercourse” with the victim, News.com.au reports.
Lawyer Eric Multhaup told the three-judge panel that “outercourse” is sexual contact while fully clothed, the Mercury News reports.
In response to his argument, Justice Franklin Elia said: “I absolutely don’t understand what you are talking about,” as he noted that the law “requires the jury verdict to be honoured”.
The appeals court justices are expected to deliver their decision on the case within 90 days.
This article discusses sexual assault and harassment. If you would like to talk to a counsellor about domestic violence, sexual assault or rape, please contact 1800 RESPECT on 1800 737 732.