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Calif. judge says victims' body can prevent rape.

 
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mzmee View Drop Down
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    Posted: Dec 14 2012 at 7:56am
Is this a repost???
 

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"In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not 'put up a fight.'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

http://news.yahoo.com/calif-judge-says-victims-body-prevent-rape-023033459.html

 
 
 
Maybe they need to put him in a cell with a few ninjas named "Tiny" and "Lil Man" to see if his body won't allow them to take his butt cookies.
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mzmee View Drop Down
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Post Options Post Options   Thanks (10) Thanks(10)   Quote mzmee Quote  Post ReplyReply Direct Link To This Post Posted: Dec 14 2012 at 8:01am
Originally posted by Elohim_is_Love Elohim_is_Love wrote:

The woman's mind has a lot of power.
 
Evidently not because my mind hasn't found a way to wish you away.
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Prazol60 Quote  Post ReplyReply Direct Link To This Post Posted: Dec 14 2012 at 8:03am
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.

this guy and the judge
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Post Options Post Options   Thanks (5) Thanks(5)   Quote Prazol60 Quote  Post ReplyReply Direct Link To This Post Posted: Dec 14 2012 at 8:04am
Originally posted by mzmee mzmee wrote:

Originally posted by Elohim_is_Love Elohim_is_Love wrote:

The woman's mind has a lot of power.
 
Evidently not because my mind hasn't found a way to wish you away.


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Organic View Drop Down
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Post Options Post Options   Thanks (1) Thanks(1)   Quote Organic Quote  Post ReplyReply Direct Link To This Post Posted: Dec 14 2012 at 8:04am
Has he NOT heard of Todd Akin? I mean has it even been 3 months???
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Organic Quote  Post ReplyReply Direct Link To This Post Posted: Dec 14 2012 at 8:09am
This is an interesting dynamic woven into the fabric of rape that I previously did not know existed. It is obvious that Akin and Johnson are not alone in their thinking (as absolutely astoundingly surprising as that is Confused), and that these are not isolated thought processes. If that is to be true, then I understand now why rape cases are commonly treated with 'kid gloves' and rapists receive only a slap on the wrist.

I mean, hey, she must have wanted it at least a little bit since her body didn't shut down, right? Confused

This just cannot be life...

Come on December 21...


Edited by Organic - Dec 14 2012 at 8:10am
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Post Options Post Options   Thanks (2) Thanks(2)   Quote K_Camille Quote  Post ReplyReply Direct Link To This Post Posted: Dec 14 2012 at 8:13am
Wow.  It's shocking that this article is recent due to the Todd Akin fiasco months prior.  How the hell did he miss that controversial misstep?  I wonder how prevalent that line of thought is among judges. I hope it's not common.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Organic Quote  Post ReplyReply Direct Link To This Post Posted: Dec 14 2012 at 8:20am
Originally posted by K_Camille K_Camille wrote:

Wow.  It's shocking that this article is recent due to the Todd Akin fiasco months prior.  How the hell did he miss that controversial misstep?  I wonder how prevalent that line of thought is among judges. I hope it's not common.

I know Cecil Richards will be BLOWING UP the emails later on LOL!

This has got to stop. It's like men conveniently bestow strength to women when it benefits them, yet strip women of this 'phantom' strength when it doesn't

Women weren't strong enough to be in the military, and build houses, and work in construction, and be engineers...

Yet now, suddenly, our strength rivals that of a man's and we are strong enough to fight off a rapist?

I'm gonna need them to make up their minds...
 


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Post Options Post Options   Thanks (2) Thanks(2)   Quote Immie89 Quote  Post ReplyReply Direct Link To This Post Posted: Dec 14 2012 at 8:25am
How does one so stupid like this become qualified to be a judge? ....he says "I'm not a gynecologist.." No sh*t Sherlock and that's why you should shut the up and not make absurd comments.
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Post Options Post Options   Thanks (2) Thanks(2)   Quote tasty0619 Quote  Post ReplyReply Direct Link To This Post Posted: Dec 14 2012 at 8:29am
Confused I guess we need a checklist before we can pursue charges

raped? yes Cry Cry
did you resist? if not, were you threatened? yes Disapprove
is your vagina "shredded"? Stern Smile


Edited by tasty0619 - Dec 14 2012 at 8:29am
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