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Judge: Victims' Bodies Can Prevent Rape
Todd Akin all over again?
By Newser Editors and Wire Services
Posted Dec 14, 2012 3:27 AM CST
Updated Dec 14, 2012 5:00 AM CST
A judge has said a victim's body can prevent rape.   (Shutterstock)

(Newser) – 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." Superior Court Judge Derek Johnson, a former prosecutor in the Orange County district attorney's sex crimes unit, made the comments in the 2008 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.

  • "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.
In an apology to the California Commission on Judicial Performance, Johnson said his comments were inappropriate and resulted from his frustration during an argument with a prosecutor over the defendant's sentence in the 2008 case. 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."

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Showing 3 of 63 comments
Dec 14, 2012 9:22 PM CST
Why is it that Republican after Republican glaze over the seriousness of a crime that is second only to murder in violation of a person's existence? This is not the mindset of people I want in authoritative or leadership positions in our country. Would their opinion differ if the victim were their own child or spouse or do they deem their socioeconomic status protection from ever having such a violent encounter in their lifetime? It would be my wish that all these mental giants and champions of women's rights find themselves lost at night in an alley where a psychotic 400 lb. batting king with a penchant for mancheeks decides to establish himself as ruler of the jungle. I'd like to know: how much of a beating do they endure before surrendering their piehole; do they realize that fighting may mean dying; and what goes through their mind when they find out lock-down, figuratively, offers very little protection? Then when their psyche is broken and helplessness and despair set in, I'll slap'em on the back and tell them,"You must have enjoyed that, there wasn't much of a fight. Don't worry! The sun will shine tomorrow, everything will go on as normal and your angry locksmith will be available for counsel in 6 years!"
Dec 14, 2012 7:17 PM CST
THIS mental moron is a Judge who decides peoples lives?!!! I suggest someone try's to butt rape him so he can tell us afterwards how his body shut it down.
Dec 14, 2012 6:58 PM CST
This guy isn't qualified to be a meter reader.