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Well this is pretty sick. Apparently in 2008 this happened and it is just coming to light recently.

A California judge has been publicly criticised today for controversial comments he made 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.'

Echoing the widely condemned comments on 'legitimate rape' of outgoing U.S. representative Todd Akin, Superior Court Judge Derek Johnson said 'If someone doesn’t want to have sexual intercourse, the body shuts down.'

Furthermore, the states Commission on Judicial Performance attacked the the judge for taking ten years off the recommended sentence for the rapist in the case, imposing a six-year sentence instead.

I do not have time to make in depth diary or anything, but wanted to bring this to DKOS attention. Perhaps somebody else can do more, but then again, what is there to say that we did not already say about Akin.

'I’m not a gynecologist, but I can tell you something,' said Johnson according to documents released Thursday.

'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 in 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.'


In addition to his claims on rape at the sentencing, the judge who has been with the Orange County Superior Court since 2000 also said that the rape was 'technical' and not 'a real, live criminal case.'

Originally posted to LieparDestin on Fri Dec 14, 2012 at 02:59 AM PST.

Also republished by Rape and Domestic Violence and Abortion.

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