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Judge Rebuked for Saying Rape Victim 'Didn't Put Up a Fight'

When sentencing a rapist to six years instead of 16, Superior Court Judge Derek Johnson questioned the legitimacy of the rape, noting when "someone doesn't want to have sexual intercourse, the body shuts down."

ORANGE COUNTY, CA -- Orange County Superior Court Judge Derek Johnson has been admonished for making "insensitive'' comments about rape during the sentencing of a defendant more than four years ago, a state oversight committee announced Thursday.

Although Johnson made the comments in June 2008, the Commission on Judicial Performance did not become aware of them until May of this year.

As Johnson was sentencing a convicted rapist to six years in prison instead of 16 years as a prosecutor requested, the judge said: "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. That tells me that the victim in this case, although she wasn't necessarily willing, she didn't put up a fight. And to treat this case like the rape cases that we all hear about is an insult to victims of rape. I think it's an insult. I think it trivializes a rape.''

The judge went on to say, "I found this whole case to be a technical case. The rape is technical. The forced oral copulation is technical. It's more of a crime law test than a real live criminal case.''

The commission admonished the judge because his comments indicated he was not impartial when considering some sexual assault victims and that he offered his own opinions rather than relying on physical evidence.

"In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not 'put up a fight,' '' the commission said in its judgment. "Such comments cannot help but diminish public confidence and trust in the impartiality of the judiciary.''

The commission noted that the judge has acknowledged his comments were inappropriate and he apologized for them.

Johnson's attorney, Paul Meyer, declined comment. "Neither Judge Johnson or I will be making a comment,'' Meyer said.

TELL US WHAT YOU THINK IN THE COMMENTS

What do you think of the judge's comments and the committee's decision?

--City News Service

LaReina December 14, 2012 at 02:36 PM
How odd that not ONE single story about this has a photo of the judge, or any of his background.
Charlie Indelicato December 14, 2012 at 04:18 PM
Pretty obvious this judge ISN'T a Republican, else that would be the lead.
Joker Joe December 14, 2012 at 04:42 PM
You don't have to wonder at all. Look what we have for the next 4 years. Same as the last. The electorate is in fantasy land.
Joker Joe December 14, 2012 at 04:44 PM
Charlie The lead would be, it was Bush's fault!!!!
Colleen December 14, 2012 at 04:46 PM
This judge must be speaking from experience. What an idiot.
Barbara Farrell December 14, 2012 at 05:47 PM
I believe he was voted in. Let's be sure he is voted out! He should recuse himself from all domestic violence, stalking and rape cases, if he doesn't resign/"retire". How did such an idiot get that job?
Nora December 14, 2012 at 05:52 PM
Get rid of this idiot, in fact, we should put him in jail, get raped, and see how his "body prevents it"!
Michele Kane December 14, 2012 at 05:59 PM
Maybe that is what his "boy toy" screamed at him when the judge would'nt get off his back?
Shripathi Kamath December 14, 2012 at 06:19 PM
"I can tell you something -- if someone doesn't want to have sexual intercourse, the body shuts down" Todd Akin is now a judge under an assumed identity? But Gray Davis (D) appointed him, so I guess it is OK.
Al Gore December 14, 2012 at 06:21 PM
Are you blaming George Bush for this one?
Shripathi Kamath December 14, 2012 at 06:26 PM
Or maybe because Gray Davis appointed him one can assume that he is not. But then, what if he is? It won't be news then.
Shripathi Kamath December 14, 2012 at 06:28 PM
No Al, he is saying that the judge would be a perfect fit for the GOP, OC GOP to be clear. You know, because such mental giants are welcome over in that party. Richard Mourdock, Todd Akin...
Al Gore December 14, 2012 at 06:30 PM
I'm with you Charlie.
Joker Joe December 14, 2012 at 06:30 PM
If he is gay he might enjoy it...
Joker Joe December 14, 2012 at 06:31 PM
If Bush was in office I would have to blame him, NO??
Al Gore December 14, 2012 at 06:33 PM
Remember this one? It was 2 years ago, but this is the same judge! Calif. Judge OK’d Seinfeld’s ‘Festivus’ as Legitimate Religion, Ordered Special Meals for Inmate.
American Girl December 14, 2012 at 06:46 PM
If Sk does not like an American political party he/she is welcome to leave at anytime and take grandma with you!
Shripathi Kamath December 14, 2012 at 06:47 PM
"If Bush was in office I would have to blame him, NO??" If he was responsible for it, yes. So for example, Iraq war, yes. That one you blame him for it. Choking on a pretzel? Yes. For hurricane Katrina? No. For the poor response to it? Yes. It's easy. You see if you can present a case for it being Bush's fault with reason and facts, and if you can, yes. Otherwise no. In this case, it was a Superior Court judge, not appointed by him, nor related to him in anyway. This one's on the judge himself.
Shripathi Kamath December 14, 2012 at 06:49 PM
"If he is gay he might enjoy it..." If you are not, that shows deep empathy.
Shripathi Kamath December 14, 2012 at 07:10 PM
..and if June loves waffles, she can eat them. With Todd Akin if she so desires.
Kristithatsme December 14, 2012 at 08:40 PM
yeah...how exactly does it shut down? the hole closes up......should we experiement with his holes?? what a dick....I'm a victim of rape and attempted murder and omg if the judge would have said something like that i'd have an assault charge!!
Jorden December 14, 2012 at 10:54 PM
Those of you leaving comments that the judge should be raped or sodomized are making ignorant comments every bit as bad as what the judge said. That puts you in company with the judge. Kettle calling the pot black. Hippocrites!
E Johnson December 14, 2012 at 11:52 PM
I don't think it's as ignorant. Let's look at it like an experiment. Of course you can look at it as research, If his body can resist then he proved his point by putting his *ss where his mouth is : )
Beach mom December 15, 2012 at 03:28 AM
He sounds like an ignorant pig. God forbid if rape happened to his mother,wife,daughter, boyfriend. He would blame them?
Ron_B December 15, 2012 at 01:52 PM
These Judges are morons. There're too many of them in that Laguna Nigel enclave there. I've encounted goons like that running that courthouse. It's pathetic.
OC Celeste January 12, 2013 at 03:03 AM
I don't know the facts in this case but perhaps to the judge, this case didn't look like a normal rape but rather a lady changing her mind in the middle of sex. There have been woman who will claim rape to get back at a man that used her, cheated on her, etc. Perhaps the judge thought the case lacked strong evidence of actual rape. Be sure to look into the details before calling him names because you just don't know the facts! And yes, I'm a woman.
OC Celeste January 12, 2013 at 03:05 AM
Before you call him an ignorant pig you should look at the evidence in this case. Did you ever think that there wasn't a lot of evidence showing that the woman was actually raped? Check it out before calling names.
OC Celeste January 12, 2013 at 03:09 AM
He was probably saying that there would be more evidence on the women if rape occurred but there wasn't which may imply that it wasn't rape but consensual intercourse. Don't be bashing the GOP - you're out of line. As a GOP woman, I take more offense to your comments than his. Look at the facts first instead of running your mouth!
Ryoma Meeiz January 15, 2013 at 05:37 AM
In this sort of a case, it's not likely they'll show a photo if at all possible, due to the fact some might take it too far.
Ryoma Meeiz January 15, 2013 at 05:39 AM
There must have been enough proof, for him to sentence the man to four years. Even if there were not, stating that the body can shut down a rape is just illogical and scientifically unproven.

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