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"In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not 'put up a fight.'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?!
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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.
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.
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