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Thu Dec 13, 2012, 10:05 PM

“If someone doesn’t want to have sexual intercourse, the body shuts down." says Judge about rape

Judge who said rape victim 'didn't put up a fight' later apologizes
December 13, 2012 | 5:45 pm


A longtime Newport Beach judge who said that a rape victim “didn’t put up a fight” and that her sexual assault was only “technical” apologized for his remarks when confronted by a state agency.

Superior Court Judge Derek G. Johnson was publicly admonished by the Commission on Judicial Performance, which said the judge’s comments breached judicial ethics and created an impression of bias against the victim.

At sentencing in 2008, Johnson denied a prosecutor’s call to impose a 16-year prison term on Metin Gurel, who had been convicted of rape, forcible oral copulation, domestic battery, stalking and making threats against his former live-in girlfriend.

On the day he raped her, prosecutors said, Gurel had threatened to mutilate the woman’s face and vagina with a screwdriver he had heated up.

Johnson instead imposed a six-year sentence.

“I’m not a gynecologist, but I can tell you something,” the judge said, 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,” the judge said.


The judge, who has been with the Orange County Superior Court since 2000, also declared the rape “technical,” and not “a real, live criminal case.”

http://latimesblogs.latimes.com/lanow/2012/12/judge-who-said-rape-victim-didnt-put-up-a-fight-later-apologized.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+lanowblog+%28L.A.+Now%29

28 replies, 2054 views

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Reply “If someone doesn’t want to have sexual intercourse, the body shuts down." says Judge about rape (Original post)
Liberal_in_LA Dec 2012 OP
napi21 Dec 2012 #1
Liberal_in_LA Dec 2012 #2
roguevalley Dec 2012 #14
Tigress DEM Dec 2012 #3
DirkGently Dec 2012 #4
liberalmuse Dec 2012 #5
Initech Dec 2012 #6
Dirty Socialist Dec 2012 #7
one_voice Dec 2012 #8
City Lights Dec 2012 #9
lunasun Dec 2012 #10
bluestate10 Dec 2012 #11
Mnemosyne Dec 2012 #12
Skittles Dec 2012 #13
DearHeart Dec 2012 #15
spanone Dec 2012 #16
GiaGiovanni Dec 2012 #17
SoCalDem Dec 2012 #18
GiaGiovanni Dec 2012 #19
TheKentuckian Dec 2012 #20
zabet Dec 2012 #21
mick063 Dec 2012 #22
cherish44 Dec 2012 #23
OnionPatch Dec 2012 #24
MineralMan Dec 2012 #25
LisaLynne Dec 2012 #26
SummerSnow Dec 2012 #27
hogwyld Dec 2012 #28

Response to Liberal_in_LA (Original post)

Thu Dec 13, 2012, 10:10 PM

1. Holy hell! He must be buds with the 2 Pub candidates who ran this year for

the Senate and LOST!

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Response to napi21 (Reply #1)

Thu Dec 13, 2012, 10:10 PM

2. what century are we in! 1800?

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Response to napi21 (Reply #1)

Thu Dec 13, 2012, 11:38 PM

14. I struggle with men. (Good ones exempt)

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Response to Liberal_in_LA (Original post)

Thu Dec 13, 2012, 10:11 PM

3. That judge needs to spend a week behind bars picking up soap in the showers.

See how much HIS body "shuts down" after repeated rape and threats of mutilation.

Bastard.

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Response to Liberal_in_LA (Original post)

Thu Dec 13, 2012, 10:12 PM

4. Wow. More with the magic body parts. It would be sad, if it


wasn't also so evil.

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Response to Liberal_in_LA (Original post)

Thu Dec 13, 2012, 10:17 PM

5. Stupid fucks like this piss me off. There's no excuse for this kind of idiocy.

Christ almighty.

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Response to Liberal_in_LA (Original post)

Thu Dec 13, 2012, 10:19 PM

6. Calling these assholes cave men is an insult to cave men.

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Response to Liberal_in_LA (Original post)

Thu Dec 13, 2012, 10:22 PM

8. This man is...

incapable of being a judge. I don't know how it would be done but he should be removed from the bench, all rape cases (sexual assaults/sex crimes) that he presided over should be re-evaluated.

As a side note, this man should be rejected and ejected from the human race. This is beyond disgusting, animals don't act like this.

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Response to Liberal_in_LA (Original post)

Thu Dec 13, 2012, 10:22 PM

9. WTF!

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Response to Liberal_in_LA (Original post)

Thu Dec 13, 2012, 10:23 PM

10. Hog tie this idiot and watch him shut his technical asshole down

Glad he was publicly admonished by the Commission on Judicial Performance even if it took 4yrs.

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Response to lunasun (Reply #10)

Thu Dec 13, 2012, 10:30 PM

11. His statement is enormously ignorant. He shouldn't be on the bench.

If I remember correctly, his county has voters elect people to the bench. Orange County is a conservative bastion.

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Response to Liberal_in_LA (Original post)

Thu Dec 13, 2012, 10:58 PM

12. Arghhhhhhhhhh. nt

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Response to Liberal_in_LA (Original post)

Thu Dec 13, 2012, 11:07 PM

13. this is misogyny at its most basic level

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Response to Liberal_in_LA (Original post)

Fri Dec 14, 2012, 12:31 AM

16. this sick fuck needs to go....now

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Response to Liberal_in_LA (Original post)

Fri Dec 14, 2012, 12:32 AM

17. This is why we have to call the Aikens on their pretend-"science"

 

These urban legends have vicious consequences.

Edited to remove the name of an innocent and innocuous singer.

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Response to GiaGiovanni (Reply #17)

Fri Dec 14, 2012, 12:34 AM

18. Todd Akin.. not harmless Clay Aiken

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Response to SoCalDem (Reply #18)

Fri Dec 14, 2012, 12:37 AM

19. I know. It's late.

 

Poor Clay. Sorry, dude.

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Response to Liberal_in_LA (Original post)

Fri Dec 14, 2012, 12:47 AM

20. How much do you trust this system?

Holy shit this kind of fucked up people are we dealing with everywhere, at every level.

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Response to Liberal_in_LA (Original post)

Fri Dec 14, 2012, 12:50 AM

21. This man has no business

Being a judge when he doesn't show impartiality. Seems to me like he almost blamed the woman for getting raped because she didn't fight hard enough.

As far as his comment about a woman's body shutting down when she doesn't want sex.........could he possibly been referring to his own personal experiences? Its a no brainer that a woman won't be receptive or respond in a positive manner when being raped.

The judge saying she didn't fight enough.....that would be like some guy standing beside the judge and every time the judge turned his head towards the guy....the guy punched the judge. Well that would be the judge's fault for turning his head that way. (I had a nastier example scenario but decided against it)

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Response to Liberal_in_LA (Original post)

Fri Dec 14, 2012, 01:24 AM

22. This infuriates me

 


This "judge" is simply not qualified to impact the lives of others at any level, for any purpose, let alone as a judge.

The national assault on women is horrifying.

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Response to Liberal_in_LA (Original post)

Fri Dec 14, 2012, 02:56 AM

23. Found this on the AOL front page...myths about the female body thoughout the ages...

And in 2012, some still exist apparently among supposedly "educated" people even.

http://mom.me/mind-body/5001-10-weird-old-myths-about-women/?icid=maing-grid7|main5|dl10|sec1_lnk3%26pLid%3D245510

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Response to Liberal_in_LA (Original post)

Fri Dec 14, 2012, 09:36 AM

24. Where does this myth come from?!!

This is the second major case we've seen where a person of authority and education, someone who should know better, believes a woman's body has some sort of magic defense against rape? Unbelievable!!

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Response to Liberal_in_LA (Original post)

Fri Dec 14, 2012, 10:00 AM

25. That is not a legitimate judge.

EOM

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Response to MineralMan (Reply #25)

Fri Dec 14, 2012, 10:02 AM

26. +1

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Response to Liberal_in_LA (Original post)

Fri Dec 14, 2012, 10:05 AM

27. I'm sick of these idiots who...

Have no effing clue what they are talking about.STFU!!!!!

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Response to Liberal_in_LA (Original post)

Fri Dec 14, 2012, 10:08 AM

28. This a**hole needs to be impeached.

However, he's obvioulsy qualified to be a GOP senate candidate...

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