The California Commission on Judicial Performance voted on Thursday 10-0 to admonish California Superior Court Judge Derek Johnson after he said a rape victim “didn’t put up a fight” against a rapist and also claimed a woman’s body “will not permit [rape] to happen.”
The California Commission on Judicial Performance also attacked Judge Johnson for taking 10 years off of the recommended sentence for convicted rapist Metin Gurel and saying that the crime was only “worth” six years in jail.
The judge's controversial comments were made in an Orange County, California, Courthouse in 2008, but not reported until May 2012.
During the 2008 rape, Gurel threatened to mutilate his ex-girlfriend with a heated screwdriver and beat her with a metal baton, before he committed rape, forced oral copulation and other crimes. The female victim didn’t report the attack until 17 days after it occurred.
Judge Johnson said in 2008: “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.”
Judge Johnson’s bizarre claims recall the equally strange statements made by Rep. Todd Akin (R-MO) that rape victims cannot become pregnant because women’s bodies can “shut the whole thing down.”
Judge Johnson finally apologized for his comments, but the California Commission on Judicial Performance said in a Thursday press release: "In the commission’s view, the judge’s remarks reflected outdated, biased and insensitive views about sexual assault victims who do not ‘put up a fight.’"
Even though his beliefs about women's bodies are scientifically impossible, Judge Johnson still remains on the bench.