judge says victims' body can prevent rape

[dirrty]

A Southern California judge is being publicly admonished for saying a rape victim "didn't put up a fight" during her assault and that if someone doesn't want sexual intercourse, the body "will not permit that to happen."

The California Commission on Judicial Performance voted 10-0 to impose a public admonishment Thursday, saying Superior Court Judge Derek Johnson's comments were inappropriate and a breach of judicial ethics.

"In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not 'put up a fight.' Such comments cannot help but diminish public confidence and trust in the impartiality of the judiciary," wrote Lawrence J. Simi, the commission's chairman.

Johnson made the comments in the case of a man who threatened to mutilate the face and genitals of his ex-girlfriend with a heated screwdriver, beat her with a metal baton and made other violent threats before committing rape, forced oral copulation, and other crimes.

Though the woman reported the criminal threats the next day, the woman did not report the rape until 17 days later.
Johnson, a former prosecutor in the Orange County district attorney's sex crimes unit, said during the man's 2008 sentencing that he had seen violent cases on that unit in which women's vaginas were "shredded" by rape.

"I'm not a gynecologist, but I can tell you something: If someone doesn't want to have sexual intercourse, the body shuts down. The body will not permit that to happen unless a lot of damage is inflicted, and we heard nothing about that in this case," Johnson said.
The commission found that Johnson's view that a victim must resist to be a real victim of sexual assault was his opinion, not the law. Since 1980, California law doesn't require rape victims to prove they resisted or were prevented from resisting because of threats.

In an apology to the commission, Johnson said his comments were inappropriate. He said his comments were the result of his frustration during an argument with a prosecutor over the defendant's sentence.

Johnson said he believed the prosecutor's request of a 16-year sentence was not authorized by law. Johnson sentenced the rapist to six years instead, saying that's what the case was "worth."

http://news.yahoo.com/calif-judge-sa...023033459.html

considering he used to work in the sex crimes unit, it makes you wonder about those cases.

[Nige]

Utterly rubbish, what an earth.

[buttons]

LOLLLLL ive heard a few of these excuses before. I swear if anyone says that infront of me I will bottle them. he contradicts himself anyway he says only if the body is damaged can rape legitimately happen yet she was beaten up before it therefore her body would be damaged..
Frustration over the defendants sentence... considering rape can affect you for the rest of your life I'd say 16 is a decent sentence.. scumbag

[FlyingJesus]

I'm sure this was going on during the elections, I remember the "the body shuts down" line from a while back but yeah it's utterly ridiculous and obviously he has no clue what he's on about, so shouldn't have been doing the job he was given as he's clearly unfit for it. Considering rape can occur when the victim is totally passed out or simply unable to act out of fear it's absolutely abominable that anyone, especially in the legal field, could suggest that not putting up a fight is a good reason to throw the case out

[Stephen]

I have disturbing images of a shredded vagina in my head

[HotelUser]

Probably some Republican judge or a friend of Todd Akin.

[Inseriousity.]

isn't this one of the anti-abortion arguments for not aborting a baby cos of rape. disgusting attitude, judge needs education and not pass on this damaging pseudo-science.

[Chippiewill]

This guy was in the house of representatives. Got booted out just recently.

[HotelUser]

This guy was in the house of representatives. Got booted out just recently.

Welcome to American Politics, or more specifically the Republican Party of the United States. After this aired, Democrats around the country pushed out advertisements about how their local Republican adversaries were friends with Akins, communicated with Akins, or worked with Akins. They essential used Todd Akins existance within the party to make other politicians within the same party look bad. Akins isn't the only Republican who's out of touch about sex. Santorum doesn't approve of the sale of contraceptives, and Richard Mourdock believes that rape is something God intends on happening.

I'm sure there are stupid things which Democrats have said, although those don't seem to make it on the news as much.