SANTA ANA, Calif. (AP) — 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"In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not 'put up a fight.'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."
Source
And this guy is still on the bench... why?!
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."
Source
And this guy is still on the bench... why?!
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.
And at this point I thought the judge was going to give a real apology and then I read the next 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."
legit flames on the side of my face rn. This has no basis in actual fucking fact and is so misogynistic and stupid I want to punch him in the throat.
Sounds like (well, is) a conservative
Do men think women are transformers or something? Where did this "body shutting down" nonsense come from? It would almost be funny if these opinions didn't come from men who have actual power over women and their rape cases. Disgusting.
I'm not entirely sure, but my dad got that idea from an episode of Criminal Minds. APPARENTLY, he claims that the 'doctor' in one of the cases in the episode said that you could tell if a woman had been raped by the location of lacerations and that women's bodies will respond in certain ways in rape cases making it apparent during physical exams if she was raped or not. That was the first time I ever heard of anything of the sort, and I've had other men tell me that they "learned" that from Criminal Minds also. Like I've said, I don't watch it so I don't know.
So some shows do get it right sometimes, but the emphasis on physical damage is not good.
It's ultimately a hole. I don't know why people think women have secret doors to close like Dorothy hiding out in the cellar to escape a tornado. It doesn't work that way. we cannot latch them shut from the inside. And even if we could, the threat of having other parts stabbed with a red hot object would persuade most people to unlock as a matter of picking survival in indignity over disfigurement, pain, and possible death.
HOLY SHIT how can ANYONE make such dismissive comments after hearing that description?? What a sack of shit.
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.
So he should KNOW BETTER JESUS FUCKING CHRIST TAPDANCING ON A CRACKER. He specifically worked in the sex crimes unit and is still spewing this tripe?!
"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.
..............................*smashes computer*
Nobody can predict how they will react in such a horrifying situation, let alone how someone else will react. Fuck this guy.
And it's terrifying that a man who made such horrible threats before committing rape is only being sentenced to 6 years. What the fuck.
Edited at 2012-12-14 06:00 pm (UTC)
Jay N. Is this Asswipe taking Todd Akin lessons?????
other than that, i have nothing but incoherent rage and disgust.
That sentence makes me rage more than anything. How did this vile piece of shit ever get to become a judge and more importantly, how is he still on the fucking bench? A public admonishment isn't enough... someone this wilfully ignorant has no business remaining on the bench.
Did people not learn from Todd Akin and co. that this sort of problematic language and the gross misconceptions regarding what a body does during sexual assault is NOT OKAY. Never will be. Ever.
*slowly shrivels into a rage husk*
Jesus fucking Christ, take some fucking biology lessons. This is utterly disgusting, he should NOT be presiding over rape cases.
And maybe make a point? Anyone try inserting his gavel where the sun don't shine? After all, if it goes in, he isn't being raped. <---*sarcasm*
What a dumb, ignorant fuck. And his 'apology' leaves a lot to be desired. What the hell...
Yeah, I... yeah.
"I don't have a vagina, but I know all about what happens to one... eventhough I'm not a gyno or doctor..."
Argh
Edited at 2012-12-14 08:07 pm (UTC)
And why hasn't he been removed?
FUCK. YOU.
THEN STOP. TALKING.
FUCKING NOPE.
Take your misogynistic, antiquated, assclarinet views and your nasty fauxpology and get the fuck off the planet. Because personally? I would love the opportunity to put you and people like you (Todd Akin, Dick Mourdock and the rest of their ilk) in a giant rocket and shoot you all into the sun. Nothing of value would be lost.