ONTD Political

[TW: Rape] Calif. judge says victims' body can prevent rape

1:40 am - 12/14/2012
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"In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not 'put up a fight.'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?!
free_spoons 14th-Dec-2012 04:53 pm (UTC)

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."

cindyanne1 14th-Dec-2012 04:56 pm (UTC)
I don't have enough words to convey the depth of that man's ignorance. Holy hell.
_cheshire 14th-Dec-2012 04:57 pm (UTC)
"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.

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.

poli_jerk 14th-Dec-2012 04:58 pm (UTC)
OMFG FUCK THIS GUY AND HIS "APOLOGY"

Sounds like (well, is) a conservative
ms_mmelissa 14th-Dec-2012 05:04 pm (UTC)
"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.

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.
stuckmodebabe 14th-Dec-2012 05:18 pm (UTC)
Seriously. Where in the fresh hell did this whole "THE BODY WILL SHUT IT DOWN" idea come from? Because I didn't know that my body was Optimus Prime.
eajou 14th-Dec-2012 06:35 pm (UTC)
*TW RAPE*

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.
sakuraberries 14th-Dec-2012 07:27 pm (UTC)
I was reading Alison Leotta's crime blog, and she said one of the unfortunate things about Law and Order SVU is that often the doctors come to the detectives with things like vaginal lacerations, vaginal trauma, etc, that "prove" the victim has been raped, when in reality rape victims often do not have any lacerations/trauma/anything of the sort. But this sort of dramatization for television results in these ridiculous myths spreading around and being picked up as facts.
tabaqui 14th-Dec-2012 09:59 pm (UTC)
They do that a lot, it's true, but they also have said on several occasions (and on the show The Closer, too) that while they didn't find any 'obvious' signs of rape, like tissue damage, they couldn't rule it out because of other factors and that you didn't always see bruises or lacerations.

So some shows do get it right sometimes, but the emphasis on physical damage is not good.
cuterabbit33 14th-Dec-2012 05:14 pm (UTC)
It's stuff like this that reminds me of something I read once online - that there are people who don't really understand what rape is. They know it's a bad thing, but they don't understand that it is one of the worst things.
world_dancer 14th-Dec-2012 05:16 pm (UTC)
I'm sad I don't have computer skills. Someone posted this on another chat board and at this point, all I keep thinking is "My Little Pony: Vaginas are Magic!" because apparently some people think they are.

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.
eveofrevolution It just kept getting worse and worse...14th-Dec-2012 05:27 pm (UTC)
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.

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*
aviv_b 14th-Dec-2012 05:51 pm (UTC)
I'm so sick of this shit. The judge didn't think this was so bad because he's seen worse? Or because the perp only threatened to mutilate his victim, but actually didn't? What the hell kind of reasoning is that?
little_rachael 14th-Dec-2012 05:54 pm (UTC)
Uh, no. In many cases, the vagina will actually lubricate to lessen the damage caused by forcible penetration.

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.
darknessdivine 14th-Dec-2012 05:56 pm (UTC)
...does this idiot, and those who say shit like him, think that 'Vagina Dentata' is more than just a catchy song, or?

kitanabychoice rage is making me lose my ability to do anything but post gifs14th-Dec-2012 05:59 pm (UTC)


Edited at 2012-12-14 06:00 pm (UTC)
sio 14th-Dec-2012 06:05 pm (UTC)
i'm just gonna echo what a commenter on facebook said when The Christian Left page posted this story:

Jay N. Is this Asswipe taking Todd Akin lessons?????

other than that, i have nothing but incoherent rage and disgust.
moonbladem 14th-Dec-2012 06:32 pm (UTC)
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."

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.
tabaqui 14th-Dec-2012 10:01 pm (UTC)
THIS. Thanks for putting a fucking 'dollar amount', so to speak, on a woman's body.
oceandezignz 14th-Dec-2012 06:52 pm (UTC)
NO! No no no no NO!

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.
zinnia_rose 14th-Dec-2012 07:01 pm (UTC)
So if I punched this guy in the balls, would his body prevent that? Clearly it's time to find out.
luminescnece 14th-Dec-2012 07:21 pm (UTC)
No, clearly the answer is that you're just a ball busting feminist. ._.

*slowly shrivels into a rage husk*
lickety_split 14th-Dec-2012 08:29 pm (UTC)
Is there a line?
raichu100 14th-Dec-2012 08:56 pm (UTC)
Formal scientific inquiry. I second this.
anwyn18 15th-Dec-2012 12:03 am (UTC)
HA! Ten points to Griffyndor.
otana 14th-Dec-2012 07:36 pm (UTC)
No, no you aren't a gynecologist, are you?

Jesus fucking Christ, take some fucking biology lessons. This is utterly disgusting, he should NOT be presiding over rape cases.
mirhanda 15th-Dec-2012 01:39 am (UTC)
Not only not a gynecologist, but apparently failed bio 101.
unbridledglee 14th-Dec-2012 07:39 pm (UTC)
Who let this guy be in charge of a case like this? ugh.
a_phoenixdragon 14th-Dec-2012 07:42 pm (UTC)
Can we please remove this fuckhead from the bench?!

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...
pleasure_past 15th-Dec-2012 03:48 pm (UTC)
Fuck you. It is not okay or funny to rape someone to show him that his beliefs about rape are wrong.
a_phoenixdragon 15th-Dec-2012 05:45 pm (UTC)
Hypothetical example. But I can see you are heated and ready for a fight so I let you chew on your own comment. No, it's NOT funny. As for why you thought someone should bring a sense of humor to this discussion I don't know, but the idea still stands, doesn't it? When he means rape, what/whom exactly is he covering and would a man's body 'prevent' it as well? Never mind though - anyone who starts a comment with 'fuck you' instead of 'why would you say that?' is not worth talking to. Goodbye.
pleasure_past 15th-Dec-2012 05:51 pm (UTC)
Fuck you. Yes, I am fucking heated and ready for a fight about the fact that you are suggesting (sarcastically or otherwise) rape as a solution for horrific rape apologism. Fuck you for saying that. Fuck you for defending it. Fuck you.
poetic_pixie_13 14th-Dec-2012 07:47 pm (UTC)
Cis men suck and I hate them and would like to push them all into a volcano.
raichu100 14th-Dec-2012 09:24 pm (UTC)
...um
omimouse 15th-Dec-2012 10:30 am (UTC)
I'll go get the long poles we'll be using to shove them in. Or we could air-drop them.
the_physicist 14th-Dec-2012 07:57 pm (UTC)
Why they hell did I read this?! Guh. The actual fuck.

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
badgerly 14th-Dec-2012 08:06 pm (UTC)
GDI we've seen a lot of this shit lately. =(

Edited at 2012-12-14 08:07 pm (UTC)
raichu100 14th-Dec-2012 09:25 pm (UTC)
wow. fuck.

And why hasn't he been removed?
suwiel 14th-Dec-2012 09:56 pm (UTC)
What the fuck is wrong with people? Fucking christ.
tabaqui 14th-Dec-2012 10:02 pm (UTC)
Disbarred, and *all* his previous rape and assault cases examined to see if his special brand of ignorant fuckery means that some men were let off or not convicted because he didn't think it was 'really rape' or 'worth it'.

FUCK. YOU.
mirhanda 15th-Dec-2012 01:40 am (UTC)
+1
lainiest 14th-Dec-2012 11:11 pm (UTC)
"I'm not a gynecologist,"

THEN STOP. TALKING.
tigerdreams 15th-Dec-2012 12:01 am (UTC)
MFTE.
jenny_jenkins 14th-Dec-2012 11:21 pm (UTC)
So by his definition...rape is impossible then?
mollywobbles867 14th-Dec-2012 11:58 pm (UTC)
So basically he doesn't think rape exists. Get off the bench, you fucking asshole.
eldvno 15th-Dec-2012 12:11 am (UTC)
Orange County is such a backwater cesspool.
celtic_thistle 15th-Dec-2012 12:26 am (UTC)
NOPE. NOPE NOPE NOPE NOPE NOPE NOPE.

FUCKING NOPE.
paksenarrion2 15th-Dec-2012 02:00 am (UTC)
Dear Johnson

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.

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