Superior Court Judge crazier than Todd Akin.

[Askold]

This is an old story but I found the link today and apparently his comment didn't become public untill last year.

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 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.”

http://www.huffingtonpost.com/2012/12/13/judge-derek-johnsons-rape_n_2297379.html

http://latimesblogs.latimes.com/lanow/2012/12/judge-who-said-rape-victim-didnt-put-up-a-fight-later-apologized.html

It was brought up to prove that Rebublicans aren't the only ones who make stupid comments about rape, claiming that this judge is a democrat. I haven't found out about his party yet since even his wikipedia page only references this case.

http://en.wikipedia.org/wiki/Derek_Johnson_%28U.S._Judge%29

Is there a way to fire anyone from the supreme court? Don't they have some sort of standards and qualifications they must fulfill before they can make these important decisions? I mean the claim that if the victim didn't put up a fight (or in exterme cases, didn't put up enough of a fight) and therefore what happened isn't "rape" is not new but this is an all time low.

[dpareja]

It is possible to get rid of judges from federal courts by impeachment by the House (majority vote) and conviction by the Senate (two-thirds majority, Vice-President presides).

[Rabbit of Caerbannog]

"I’m not a gynecologist..."



And I disagree that this judge is crazier than Todd Akin. I would say equally crazy but in a more powerful position, which makes him more frightening.

[Askold]

And I disagree that this judge is crazier than Todd Akin. I would say equally crazy but in a more powerful position, which makes him more frightening.

Based on Akin's initial comment ho does believe that a woman can be raped, even if he did claim that rape-pregnancies are impossible. Johnson's claim would have logically meant that every woman could protect themselves from being raped if they wish so, with that logic there would be NO rapes at all.

Both did try to backpedal though.


And the thing that really scares me is that Johnson has been the judge in who knows how many rape cases and if he has always held this opinion then he has been letting rapists get off before.

[mellenORL]

I'm trying to imagine the kind of physical strength this judge deems a woman capable of in fending off a rape; or, is he under the impression that we have the ability to reflexively slam shut the pelvic opening, like there is some kinda weird hinge joint in there? Even if we were mutated enough to do that, would the bruising and tears to the flesh outside not count? I wonder if he thinks that anal rape on men is impossible, too, since apparantly this judge has a mutated ass joint that has been slammed shut all his life...

[Askold]

...since apparantly this judge has a mutated ass joint that has been slammed shut all his life...

...And that is why shit like this is coming out of his mouth.

Judging by his comment on how:

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.

He really seems to think women are able to close their vagina like a door or something.

[Thejebusfire]

Do these people have no grasp on human biology at all?

[Dakota Bob]

"Insensitive" comments about rape? That's one word for it, how about skullfuckingly insane?

[Sylvana]

Do these people have no grasp on human biology at all?

Given the horror stories I have heard about the American education system especially concerning education with regards to sexual reproduction, I am inclined to say that honestly they don't understand human biology.

I feel your pain with regards to this judge though. Our illustrious womanizing homophobic president elected to the head of the constitutional court a judge who claims to hear the voice of god, and who has in previous cases sent a man who raped another man away for longer on the grounds that the rape caused the male victim to become feminized and thus more traumatic, all the while giving male on female rapists lighter sentences.

[ThunderWulf]

Remind me again how people like this are in positions of power?

Do these people have no grasp on human biology at all?

Given the horror stories I have heard about the American education system especially concerning education with regards to sexual reproduction, I am inclined to say that honestly they don't understand human biology.

I feel your pain with regards to this judge though. Our illustrious womanizing homophobic president elected to the head of the constitutional court a judge who claims to hear the voice of god, and who has in previous cases sent a man who raped another man away for longer on the grounds that the rape caused the male victim to become feminized and thus more traumatic, all the while giving male on female rapists lighter sentences.

Okay, that is FUCKED up.

[Lt. Fred]

My favourite part is the bit where he says the victim is trivializing rape. The victim.

Does anyone know the sentence he gave? Presumably a slap on the wrist?

[Jack Mann]

It's in the article.  Six years, rather than sixteen.