Ex-Stanford University swimmer Brock Turner is angling to have his controversial rape conviction overturned—by claiming that he performed “sexual outercourse” on his unconscious victim.

NBC News reported that Turner’s lawyer said at Tuesday’s hearing that the then-19-year-old was fully clothed and didn’t have his genitals exposed when two graduate students caught him on top of the victim outside a fraternity house in 2015. The victim was found to have a blood alcohol level three times the legal limit.

A court ultimately convicted Turner of assault with intent to commit rape, sexual penetration of an intoxicated person with a foreign object and sexual penetration of an unconscious person with a foreign object.

Santa Clara County Superior Court Judge Aaron Persky sentenced Turner to six months despite facing a maximum of 14 years behind bars. He was also released three months into his brief sentence. The controversial outcome led to Persky being recalled from the bench last month.

Now, Turner’s camp is arguing that Turner fleeing the scene and forcefully kissing the victim’s sister earlier that night isn’t “affirmative evidence” that he intended to rape the victim. Mill Valley attorney Eric Multhaup claimed Turner “engaged in aggressive thrusting”—a form of “outercouse” he said doesn’t prove his client intended to commit rape, according to Palo Alto Weekly.

If the appeal is successful, Turner, who lives in Ohio, could be absolved from having to register as a sex offender for the rest of his life.

Alaleh Kianerci, the district attorney who successfully prosecuted Turner’s case, was present for Tuesday’s hearing. She reportedly declined the Weekly’s request to comment.

The District Court of Appeals has 90 days to make a decision.

[Featured image: Brock Turner/Santa Clara County Sheriff’s Office]