No, Todd Akin has not joined the California bench. Superior Court Judge Derek Johnson, a judge in Southern California, has been publicly admonished for saying a rape victim “didn’t put up a fight” and that if someone doesn’t want sexual intercourse, the body “will not permit that to happen.” Johnson is a former prosecutor in the Orange County district attorney’s sex crimes unit and said that the 2008 sentencing that he had cases where women’s vaginas were “shredded” by rape. The California Commission on Judicial Performance voted 10-0 to sanction Johnson for his bizarre and offensive comments.
The commission found that “the judge’s remarks reflected outdated, biased and insensitive views about sexual assault victims who do not ‘put up a fight.’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.” Yes, though that may mean that he will look for a Senate run.
What is particularly disturbing is that this is a case where the rapist threatened to mutilate the face and genitals of his ex-girlfriend with a heated screwdriver, beat her with a metal baton and injured her in other ways. She reported the threats the next day but did not report the rape for 17 days later.
It is one thing to question the truth of an allegation and quite another to measure such truth by the level of resistance — let alone to suggest consent by the fact that the rape occurred.
Johnson added “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.” I am not sure whether Johnson is much better at being a judge as he is an amateur gynecologist.
While the prosecutors demanded 16 years, Johnson said the case was “worth” only six years.
As a side note, we previously discussed a case before Johnson involving the recognition of the Festivus religion.