[Megamel29]

http://abclocal.go.com/ktrk/story?se...rld&id=8920023

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"In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not `put up a fight.'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

[Sharon]

He's talking shit

[Zambini]

[kellyhound]

wow, a moron as a judge. That's something new. not.

A woman's physiological response to sexual contact is involuntary. In some cases, women can become physically aroused, produce natural lubrication, and even experience orgasms against their will during rape.

One proposed explanation for this genital arousal in some women is that it acts as a preparatory mechanism which served in the past to protect women from genital injury during unwanted sex.

This is in line with previous research showing that many women show vaginal lubrication when exposed to a broad array of sexual stimuli (even that involving chimps) regardless of stated preferences and subjective feelings.

[Kanda444]

that judge should be forced to spend some time in prison with some folks that would gladly illustrate how wrong his is....first hand.

[Hvergelmir]

Why didn't she bite his dick off when he was forcing her to suck it?

[mcpronoun]

That brings up that age old question.... "would you rather suck a dick or DIE?"

[Megamel29]

Originally Posted by Hvergelmir ↗

Why didn't she bite his dick off when he was forcing her to suck it?

Probably because she was afraid he might kill her if she did.

[Rudebwoy]

No matter how hard he clenches his sphincter, Im pretty sure Im strong enough to force a broom stick up his ass. Prevent THAT physiologically, moron!