California Judge: "The body will not permit [rape] to happen"

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This year really has been a doozy for rape comments, but the hits just keep coming. This time, the comment comes from a Superior Court Judge in California. As an added kicker, he apparently is a former prosecutor for the DA's sex crime unit, so he - perhaps moreso than anyone else this epidemic of foot-in-mouth - really should have known better.

SANTA ANA, Calif. -- 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"In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not `put up a fight.'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://www.huffingtonpost.com/2012/12/13/judge-derek-johnsons-rape_n_2297379.html
http://www.ocregister.com/news/commission-380599-johnson-rape.html
http://www.heraldsun.com.au/news/world/outrage-after-superior-court-judge-derek-johnson-claims-a-victims-body-can-prevent-rape/story-fnd134gw-1226536893797

Hopefully, this is the last story of its kind for some time now, but given that this was said after similar stories made headlines, I'm not at all confident that it will be.

So is this a trend now? First Creationism, then anti-vaccine movement, now fake rape?

And letting out your frustration by telling the victim that she faked a rape is... kind of questionable behaviour for a judge let alone a sane human.

dumbfounds me that he not only said that and believes it, but it scares me for all the cases he was a prosecutor on. how many cases were thrown out because he didnt think it was really rape

Quaxar:
So is this a trend now? First Creationism, then anti-vaccine movement, now fake rape?

And letting out your frustration by telling the victim that she faked a rape is... kind of questionable behaviour for a judge let alone a sane human.

Yes. It is not like there is anything to be gained from claiming you have been raped by someone, say, in the form of large sums of money.

I'm not a gynecologist, but I can tell you something: If someone doesn't want to have sexual intercourse, the body shuts down.

Surely opening your statement with "I'm not a gynecologist, but..." discredits everything else he has to say on the topic of how the body reacts to rape. That's a pretty slanted way of looking at a situation though, I'm sure its his job to serve justice through the law and not his personal opinions.

Oh sweet merciful heavens. I'm feeling physically ill reading that....

I repeat a phrase I have found myself often using in regards to news like this:
I am exceedingly glad that there are several countries and an ocean, between nutcases like him and me.

For a judge, there's only one outcome now: He needs to resign / be sacked. His integrity has been compromised by this and he's shown he's mentally uncapable of presiding over court cases which possibly involve sex crimes.

"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.

How does this guy think vaginas work? Is he picturing a little gate and a drawbridge down there to block unwanted entry, or something?

BrassButtons:
How does this guy think vaginas work? Is he picturing a little gate and a drawbridge down there to block unwanted entry, or something?

And when someone attemps to rush the gatehouse, the defenders pour boiling oil down on them.

Blablahb:

BrassButtons:
How does this guy think vaginas work? Is he picturing a little gate and a drawbridge down there to block unwanted entry, or something?

And when someone attemps to rush the gatehouse, the defenders pour boiling oil down on them.

Surprisingly accurate.

OT: Yeah, this guy is fucking dumb.

Those comments are so unfathomably stupid that I wonder if they've been framed in the news stories to seem even worse than they actually are. Context would be handy, but it's almost certainly not available.

SakSak:
Oh sweet merciful heavens. I'm feeling physically ill reading that....

I repeat a phrase I have found myself often using in regards to news like this:
I am exceedingly glad that there are several countries and an ocean, between nutcases like him and me.

I'm pretty sure that there are plenty of Americans that say the same thing about Timo Soini and the rest of your crazy bunch so get of your high horse.

That said PC 261(California's "rape" law), is one of the stupidest definitions of rape I've ever had to encounter, what the judge said was moronic but the law is just as bad. Here's a good peace about it: http://www.shouselaw.com/rape.html#2 The main issue with this law is that unlike most laws it's not innocent until proven guilty, rather guilty until proven innocent, the DA does not need to prove that the sex was not consensual rather the defendant has to prove that it was.
Furthermore it does not weight in any evidence especially not "circumstantial" ones and by circumstantial i mean there have been cases that people were found guilty or rape when the partner in question did actually put the condom on the "rapist", pretty much in California you can get a BJ after the 3rd date, get her to put on the condom, do what naturally comes next and if you didn't specifically asked for her consent it's still legally rape.

SimpleThunda':

Quaxar:
So is this a trend now? First Creationism, then anti-vaccine movement, now fake rape?

And letting out your frustration by telling the victim that she faked a rape is... kind of questionable behaviour for a judge let alone a sane human.

Yes. It is not like there is anything to be gained from claiming you have been raped by someone, say, in the form of large sums of money.

This and that are different things. This guy doesn't even understand the biology behind it.

P.S: Don't be one of those guys who starts ranting about all the mean devious women who cry rape. Someone like that always pops ups and it's annoying every single time.

OP: This was stupid and I sort of wonder how this guy got to be a judge. At least people are punishing him for his comments.

SimpleThunda':

Quaxar:
So is this a trend now? First Creationism, then anti-vaccine movement, now fake rape?

And letting out your frustration by telling the victim that she faked a rape is... kind of questionable behaviour for a judge let alone a sane human.

Yes. It is not like there is anything to be gained from claiming you have been raped by someone, say, in the form of large sums of money.

But generally you do it when you have proper evidence for it, not because the person frustrates you.

It's somewhat unnerving that these "the body shuts down" comments are not a once-off dumbass utterance. It leads me to wonder how many other people think that women's bodies have some kind of anti-rape automated response features.

itsthesheppy:
It's somewhat unnerving that these "the body shuts down" comments are not a once-off dumbass utterance. It leads me to wonder how many other people think that women's bodies have some kind of anti-rape automated response features.

Some people never bring themselves into the modern age of science and medicine.

http://en.wikipedia.org/wiki/Vagina_dentata

The body shuts down? What does that even mean? No production of moisture from the vaginal glands? The muscles tighten up and prohibit further penetration? The vaginal teeth extend and bite off the rapist's penis?
Blatant ideologues should get the fuck out of the domain of medical professionals and women's private issues. These sorts of Big Nay Gianormous Government Social Conservatives disgust me.

BrassButtons:

"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.

How does this guy think vaginas work? Is he picturing a little gate and a drawbridge down there to block unwanted entry, or something?

I mean, yeah. Can we blame our watered down sex and science education standards when you're talking about someone as ostensibly well educated as a judge?

I guess you don't need to take much bio to get into law school...

-_-

She didn't fight hard enough? I mean, can you think of any scenario where a woman would not be able to fight back harder?

*Rapist who is a foot taller puts knife to her neck*

"I will cut you if you scream."

Oh, right.

Where did he take sex ed courses? University of Aristotle Thought? And he's been a "Special Victims" judge for HOW LONG?

Dear God...

There's a fantastic read to be had in "The Miracle of Forgiveness", in which Mormon lunatic Spencer Kimball opines:

"In a forced contact such as rape or incest, the injured one is greatly outraged. If she has not cooperated and contributed to the foul deed, she is of course in a more favorable position. There is no condemnation where this is no voluntary participation. It is better to die in defending one's virtue than to live having lost it without a struggle."

Not dead = didn't fight hard enough. Society is full of these fucking idiots.

Blablahb:
For a judge, there's only one outcome now: He needs to resign / be sacked. His integrity has been compromised by this and he's shown he's mentally uncapable of presiding over court cases which possibly involve sex crimes.

Never agreed with you more than I do now, Blabs.

OT: What Blabs said. This guy is an idiot and deserves all the scorn he gets. If he doesn't get fired straight-away, he should resign and let someone less incompetent take over for him.

Part of me doesn't know how to process this, and another is willing to give him the benefit of the doubt and let him prove this claim by having him spend 6 months in federal prison to see how well his body resists a few rounds in the prison shower.

I miean, inbred stupidity is one thing, but I expect more from a judge.

Not G. Ivingname:
And he's been a "Special Victims" judge for HOW LONG?

Dear God...

A singular idiot judge and a singular idiot moment, that's one thing...

Realizing something he's been preceding over cases like this for God knows only how long....that chills me to the bone.

Or maybe a girl got threatened and assaulted by her boyfriend, reported it immediately, and then somehow decided more than two weeks later to mention that he raped her as well with there being no evidence other then her statement that it happened. Maybe this judge found it suspicious that this was suddenly brought up so late while the prosecutor was trying to get a year in prison added to the sentence.

Maybe she wasn't raped and was told by her lawyer that it would make her case against him stronger, and maybe the judge said something, anything he could, even a blatant lie, to try and protect the defendant from being locked away longer on a lie by a system that wouldn't let him stop a false claim honestly.

Blablahb:

BrassButtons:
How does this guy think vaginas work? Is he picturing a little gate and a drawbridge down there to block unwanted entry, or something?

And when someone attemps to rush the gatehouse, the defenders pour boiling oil down on them.

When clicking this thread I did not expect to be left with an urge to play Stronghold afterwards. >_>

tstorm823:
Or maybe a girl got threatened and assaulted by her boyfriend, reported it immediately, and then somehow decided more than two weeks later to mention that he raped her as well with there being no evidence other then her statement that it happened. Maybe this judge found it suspicious that this was suddenly brought up so late while the prosecutor was trying to get a year in prison added to the sentence.

Maybe she wasn't raped and was told by her lawyer that it would make her case against him stronger, and maybe the judge said something, anything he could, even a blatant lie, to try and protect the defendant from being locked away longer on a lie by a system that wouldn't let him stop a false claim honestly.

I don't understand, are you suggesting that she wasn't raped?

Because the rapist was convicted and sentenced to prison so he seems to have been found guilty.....

Asita:

"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.

Seriously, that is not how the human female body works. I wish women had this ability to protect themselves, but this simply is not the case. Clearly the judge is not gynecologist.

Nicha11:

I don't understand, are you suggesting that she wasn't raped?

Because the rapist was convicted and sentenced to prison so he seems to have been found guilty.....

I'm suggesting that is what the judge believed, and he said what he did not because he's stupid (like many are saying) or biased agaisnt rape victims (like many are saying) but because he was trying to stop a prosecution that was taking things too far and he had to say something to justify his actions.

When was this guy elected as a CA Judge? Just from what I can gather, careers in Law can last a VERY long time.
While it doesn't make the blatant lack of Biological Knowledge excusable, it MIGHT explain some things.

I'm not defending the guy, but someone born in 1950 or so tends to know less about constantly developing topics like the Human Body then someone born in 1980, what with the increased accessibility of Information and wider range of topics in education in more recent years then 1950.

Wow, that's a relief! Thanks, biology!

I'm probably not the only one who thought of this:

tstorm823:
I'm suggesting that is what the judge believed, and he said what he did not because he's stupid (like many are saying) or biased agaisnt rape victims (like many are saying) but because he was trying to stop a prosecution that was taking things too far and he had to say something to justify his actions.

Right. Saying, "I don't believe she was raped" would make him look bad, so instead he went with, "RAPE IS IMPOSSIBLE BECAUSE MAGICAL VAGINA!"

Diablo1099:
When was this guy elected as a CA Judge? Just from what I can gather, careers in Law can last a VERY long time.
While it doesn't make the blatant lack of Biological Knowledge excusable, it MIGHT explain some things.

I'm not defending the guy, but someone born in 1950 or so tends to know less about constantly developing topics like the Human Body then someone born in 1980, what with the increased accessibility of Information and wider range of topics in education in more recent years then 1950.

All the more reason people in positions of power such as his should be FORCED to constantly educate themselves, or have their license revoked. Having such backward fruitcakes as a freaking superior court judge is an insult to society.

Schizocorpse:

Diablo1099:
When was this guy elected as a CA Judge? Just from what I can gather, careers in Law can last a VERY long time.
While it doesn't make the blatant lack of Biological Knowledge excusable, it MIGHT explain some things.

I'm not defending the guy, but someone born in 1950 or so tends to know less about constantly developing topics like the Human Body then someone born in 1980, what with the increased accessibility of Information and wider range of topics in education in more recent years then 1950.

All the more reason people in positions of power such as his should be FORCED to constantly educate themselves, or have their license revoked. Having such backward fruitcakes as a freaking superior court judge is an insult to society.

Good point, But on the flipside, a Judge who has seen over many cases in a certain field like murder might be better suited to those cases then someone new.
With Age comes experiance, after all.

Still, it makes sense for them to keep in touch with such things.

boots:

Right. Saying, "I don't believe she was raped" would make him look bad, so instead he went with, "RAPE IS IMPOSSIBLE BECAUSE MAGICAL VAGINA!"

He didn't say rape was impossible, he said rape would result in physical signs on the victim that weren't there (which still isn't right, but believable enough to get past a few people.)

Edit: Just noticed this happened 4 years ago and suddenly people are upset... talk about digging. You should all be ashamed of yourselves for reacting to this crap the way they want you to.

tstorm823:

boots:

Right. Saying, "I don't believe she was raped" would make him look bad, so instead he went with, "RAPE IS IMPOSSIBLE BECAUSE MAGICAL VAGINA!"

He didn't say rape was impossible, he said rape would result in physical signs on the victim that weren't there (which still isn't right, but believable enough to get past a few people.)

Uhhh, no.

If someone doesn't want to have sexual intercourse, the body shuts down

That's what he said. He echoed the Todd Akin rubbish about vaginas magically sealing themselves.

tstorm823:

Edit: Just noticed this happened 4 years ago and suddenly people are upset... talk about digging. You should all be ashamed of yourselves for reacting to this crap the way they want you to.

The reason this is an issue is that A) His real reasons weren't revealed until recently, B) If this was his reasoning, and he gave the guy a lighter sentencing because of it, then that is a BIG problem regardless of how long ago it happened, mainly because C) Someone who thinks this way should not be in charge of judging sexual assault cases.

What, did you guys not know that for anything to access a woman's vagina she has to first lower her energy shield? See, all women are equipped with an energy shield projector just past the opening, and it is completely impenetrable unless the woman lowers it. It's operated by the same nanobots that destroy sperm cells when a woman is legitimately raped.

You people really need to brush up on your biology.

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