Calif. judge says victims' bodies can prevent rape

Updated 11:06 PM ET

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"In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not `put up a fight.'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

[dylquesne23]

regarding STRONG WOMEN and the weak men who are strong enough to rape them:

as the webmaster of www.strongwomen.info, i am making a formal complaint. i believe that it is BIGOTED and HETEROPHOBIC to paint ALL rapists as "violent and evil people," as sean hannity did on february 21st. i know through first-hand experience that rape doesn't always have to be violent. newsflash: i am not a violent person, and if all acts of rape are violent then all acts of sex are violent. i can tell you that i just don't get off on violent sex.

i will admit that a violent rape is justified when a man is protecting himself from a delusional wombn who got a cue from an episode of "the big bang theory," when "100 ways to rip a guy's nuts off" was brought up as a matter of self-defense (and spoken to facilitate laughter from the audience). in this case, violent rape is both a called for and justified matter of self-defense, but rape doesn't always have to be violent. actually, if a wombn is trying to rip my nuts off, i am more inclined to hannibalize her MOMmary glands, though i don't know of "100 ways to chew a mom's milk-jugs off". at least there are two jugs of beverage involved to wash the breasts down with.

i know for a fact that some rapists are just desperate men who choose to rape the little gender simply because females are members of the shorter gender, and therefore are much easier to dominate. i know through first-hand experience that the broader gender can't help but feel superior to the little, puny, shoulderpad-wearing gender of wannabees who go to "curves fitness" (a man-free zone) to feel comfortable in a less-intimidating environment. dare i suggest that the ego of ms. Strongwoman is bruised when she's confronted with someone who is curling three times her weight (or even three times the weight she is curling), but i can't not be reminded of masculine superiority when i see heterosexual couples standing side-by-side at the beach. i say "at the beach" because you can't really get away with wearing high-heeled shoes in the sand.

i'll bring up the coney island hot dog-eating competition's addition of a "ladies' division" to prove my point. now, in addition to the aforementioned lesser heights and widths and strength-levels of Strongwoman, her stomach is also lesser than mens' stomachs. as a matter of fact, along with the gender-based eating competitions, i will bring up the gender-based sports teams and the gender-based military requirements. as well as the gender-based olympic competitions. isn't basing physical competitions on gender an outright admission that one gender would serve as a handicap to the other gender if they competed together?

now, if Strongwoman wasn't designed to be raped, she'd have been created with enough strength (and/or testosterone) to fend off the bigger, taller, more protective and dominant gender. if Strongwoman wasn't designed to be raped, then female bodybuilders wouldn't be masculine wannabees who take testosterone injections (much like chastity bono and other post-op masculine wannabees), and domestic violence would be all about Strongwoman abusing her man. to think that all rape is violent, though, that is a slight on mens' physical superiority and mens' ability to keep Strongwoman from BECOMING violent.

rapists don't always have bad intentions. rape can be done as an act of kindness, of caring about the mental clarity of any wombn. rape is a loving thing. rape is a way for Strongwoman to broaden her horizons and to realize that feminism (and the "anything a man can do" mantra) is a lie. it may be a mark of "tough love" if Strongwoman is resistant to changing her belief-system, but it's always a mark of love for someone to care enough about someone else's gullibility to want to help them grow out of it.

i will admit that rape is justifiably violent when a man is protecting himself from a delusional wombn who got a cue from an episode of "the big bang theory," when "100 ways to rip a guy's nuts off" was brought up as a matter of self-defense (and spoken to facilitate laughter from the audience). in this case, violent rape is both a called for and justified matter of self-defense, but rape doesn't always have to be violent. actually, if a wombn is trying to rip my nuts off, i am more inclined to hannibalize her MOMmary glands, though i don't know of "100 ways to chew a mom's milk-jugs off". at least there are two jugs of a beverage involved to wash the breasts down with.

wrapping up, i hope i have given enough food-for-thought for anyone to reconsider their views on rape, rapists, and the millions of Strongwomen who weren't strong enough to keep from being a victim.

mr. dylan terreri, i
dr. sheldon cooper, ii
--------------------------
"When I'm hungry, I eat. When I'm thirsty, I drink. When I feel like saying something, I say it." - Madonna
www.jaggedlittledyl.com/essays

[dylquesne23]

regarding STRONG WOMEN and the weak men who are strong enough to rape them:

as the webmaster of www.strongwomen.info, i am making a formal complaint. i believe that it is BIGOTED and HETEROPHOBIC to paint ALL rapists as "violent and evil people," as sean hannity did on february 21st. i know through first-hand experience that rape doesn't always have to be violent. newsflash: i am not a violent person, and if all acts of rape are violent then all acts of sex are violent. i can tell you that i just don't get off on violent sex.

i will admit that a violent rape is justified when a man is protecting himself from a delusional wombn who got a cue from an episode of "the big bang theory," when "100 ways to rip a guy's nuts off" was brought up as a matter of self-defense (and spoken to facilitate laughter from the audience). in this case, violent rape is both a called for and justified matter of self-defense, but rape doesn't always have to be violent. actually, if a wombn is trying to rip my nuts off, i am more inclined to hannibalize her MOMmary glands, though i don't know of "100 ways to chew a mom's milk-jugs off". at least there are two jugs of beverage involved to wash the breasts down with.

i know for a fact that some rapists are just desperate men who choose to rape the little gender simply because females are members of the shorter gender, and therefore are much easier to dominate. i know through first-hand experience that the broader gender can't help but feel superior to the little, puny, shoulderpad-wearing gender of wannabees who go to "curves fitness" (a man-free zone) to feel comfortable in a less-intimidating environment. dare i suggest that the ego of ms. Strongwoman is bruised when she's confronted with someone who is curling three times her weight (or even three times the weight she is curling), but i can't not be reminded of masculine superiority when i see heterosexual couples standing side-by-side at the beach. i say "at the beach" because you can't really get away with wearing high-heeled shoes in the sand.

i'll bring up the coney island hot dog-eating competition's addition of a "ladies' division" to prove my point. now, in addition to the aforementioned lesser heights and widths and strength-levels of Strongwoman, her stomach is also lesser than mens' stomachs. as a matter of fact, along with the gender-based eating competitions, i will bring up the gender-based sports teams and the gender-based military requirements. as well as the gender-based olympic competitions. isn't basing physical competitions on gender an outright admission that one gender would serve as a handicap to the other gender if they competed together?

now, if Strongwoman wasn't designed to be raped, she'd have been created with enough strength (and/or testosterone) to fend off the bigger, taller, more protective and dominant gender. if Strongwoman wasn't designed to be raped, then female bodybuilders wouldn't be masculine wannabees who take testosterone injections (much like chastity bono and other post-op masculine wannabees), and domestic violence would be all about Strongwoman abusing her man. to think that all rape is violent, though, that is a slight on mens' physical superiority and mens' ability to keep Strongwoman from BECOMING violent.

rapists don't always have bad intentions. rape can be done as an act of kindness, of caring about the mental clarity of any wombn. rape is a loving thing. rape is a way for Strongwoman to broaden her horizons and to realize that feminism (and the "anything a man can do" mantra) is a lie. it may be a mark of "tough love" if Strongwoman is resistant to changing her belief-system, but it's always a mark of love for someone to care enough about someone else's gullibility to want to help them grow out of it.

i will admit that rape is justifiably violent when a man is protecting himself from a delusional wombn who got a cue from an episode of "the big bang theory," when "100 ways to rip a guy's nuts off" was brought up as a matter of self-defense (and spoken to facilitate laughter from the audience). in this case, violent rape is both a called for and justified matter of self-defense, but rape doesn't always have to be violent. actually, if a wombn is trying to rip my nuts off, i am more inclined to hannibalize her MOMmary glands, though i don't know of "100 ways to chew a mom's milk-jugs off". at least there are two jugs of a beverage involved to wash the breasts down with.

wrapping up, i hope i have given enough food-for-thought for anyone to reconsider their views on rape, rapists, and the millions of Strongwomen who weren't strong enough to keep from being a victim.

mr. dylan terreri, i
dr. sheldon cooper, ii
--------------------------
"When I'm hungry, I eat. When I'm thirsty, I drink. When I feel like saying something, I say it." - Madonna
www.jaggedlittledyl.com/essays

[lorisirianni]

This useless, sexist, backwards, juvenile, moronic judge needs to be removed from the bench, immediately! Any man that ignorant about human biology or rape, in this day and age, has NO place deciding criminal cases!

[loddidoddi]

Wow............ This Judge is unbelievable. While I agree that he has to be wary of false accusations the words he choose were pure ignorance. I hate when people speak on things that they admittedly have no real scientific knowledge of. While putting up a fight might seem like the natural reaction....when you can see and tell that someone is really crazy the best thing to do may be to placate them so you can live. Also when you are in a situation like that it may feel sureal and would certainly put a person into a state of shock which could have multiple emotional outcomes such as shutting down, terror, numb compliance or however that person reacts- you can't say what they should have done! You can however validate them and say what SHOULD NOT have been done which is the rape. The audacity for this judge to say that 6 years was all this case was worth...smh... that poor girl.... This judge deserves to be raped and see if he thinks it's only 'worth' 6 years. How long will it take for him to not feel violated, scared and undervalued by the justice system? If you don't walk in a women's shoes, looking over your shoulder and having to hinder/alter your activities just for the simple fact that you are a women than you have NO right to speak on it! NONE! Women don't get into relationships expecting this. I honestly was scared to date for quite sometime because there are so many crazy people out there and they don't all show you that side until it's to late. No one deserves to be abused nor made to feel a conspirator to that abuse.

[stuwerb]

Another dinosaur from another conservative part of the country.

[Kechingaos]

Although California is very much a blue state, Orange County is definitely Repug country.

[GOP-R--Con-Men]

This is what happens when republicans hold office which they are unworthy of.

[Tina1649]

What a moron. What is really frightening is that this guy actually believes what he says!!

[Verascity]

Derek Johnson seems to be the same kind of dimwit who can make it into national office as a Republican. Like Paul Ryan and Todd Akin.

BUT: No one with opinions like his should be a judge.

[hypnotoad72]

Agreed.

There was some other politician trying to say that a raped woman can cause a spontaneous abortion (or something to that effect...)

And these people are deemed "smart" or "educated"?

Gimme a break.

[kimsoileau]

This Judge is correct to a point. There is always damage from a rape. However just because it was not presented does not mean there wasn't any. Also if she was knocked unconscious there would not be tearing when she came too because he would already be inside her. This is regardless of her only being 16. Rape is Rape. It carry's with you the rest of your life. In the most inopportune moments as well. Being a rape victim this will never leave her. And no 6 years is not enough unless he may be castrated while serving his time. Then at least he won't be able to do that part of it again. As To the Judge may he never fall victim of a sick individual bigger and stronger then himself and have to endure the humiliation, fear, mental and physical pain. By the way that apology was a joke.

[warmfuzzykitten]

The judge is not correct. There is no such thing as "always". As with all things, there will be a statistical distribution of damage, ranging from deadly to undetectable. If a woman is aroused or otherwise well lubricated, there will not necessarily be damage to the vagina. And, troglodytes out there, don't start claiming that if a woman is aroused, it's not rape. It's rape if a woman says no but is forced to have sex.

[wootywooter]

******! keep your legs close and be like mermaids now!