Calif. judge says victims' body can prevent rape - San Diego, California News Station - KFMB Channel 8 - cbs8.com

Calif. judge says victims' body can prevent rape

Posted: Updated:

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"In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not 'put up a fight.'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

 

Copyright 2012 The Associated Press.

  • Local NewsMore>>

  • Sudden storm rips through San Diego

    Sudden storm rips through San Diego

    Wednesday, September 17 2014 1:28 AM EDT2014-09-17 05:28:43 GMT
    Parts of San Diego were hit by a surprise storm Tuesday that pounded local communities and toppled several trees. 
    Parts of San Diego were hit by a surprise storm Tuesday that pounded local communities and toppled several trees. 
  • San Diego fiance pleads for Hurricane Odile aid

    San Diego fiance pleads for Hurricane Odile aid

    Wednesday, September 17 2014 1:17 AM EDT2014-09-17 05:17:17 GMT
    Hurricane Odile crashed one San Diego woman's bachelorette party in Cabo San Lucas. Rachel Lemay and her friends are among the thousands of tourists left stranded in the aftermath of what is now Tropical Storm Odile. And now Lemay's fiancé, who is in San Diego, is requesting humanitarian aid. 
    Hurricane Odile crashed one San Diego woman's bachelorette party in Cabo San Lucas. Rachel Lemay and her friends are among the thousands of tourists left stranded in the aftermath of what is now Tropical Storm Odile. And now Lemay's fiancé, who is in San Diego, is requesting humanitarian aid. 
  • California drivers must give bikes 3-foot buffer

    California drivers must give bikes 3-foot buffer

    Tuesday, September 16 2014 11:34 PM EDT2014-09-17 03:34:14 GMT
    Californians will now need to take extra care to steer clear of cyclists. 
    Californians will now need to take extra care to steer clear of cyclists. 
Powered by WorldNow
All content © Copyright 2000 - 2014 WorldNow and Midwest Television, Inc. All Rights Reserved.
For more information on this site, please read our Privacy Policy and Terms of Service.