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Boardman writes: "By the stated logic of a California judge in 2008, no woman is raped unless she can demonstrate that her 'vagina was shredded by the rape.'"

Superior Court Judge Derek Johnson is seen in this undated file photo. (photo: KABC)
Superior Court Judge Derek Johnson is seen in this undated file photo. (photo: KABC)


Judge Demands 'Shredded Vagina' As Proof of Rape

By William Boardman, Reader Supported News

04 January 13


Reader Supported News | Perspective

 

How to get a judicial reprimand.

y the stated logic of a California judge in 2008, no woman is raped unless she can demonstrate that her "vagina was shredded by the rape" (full text below). The California prosecutor in the case pretty much agreed with the judge, even though they were both misstating California law at the time. And, more than four years later, the California Commission on Judicial Performance voted the lowest possible public penalty for the judge's remarks, mere "admonishment."

When the Commission announced its decision of a mild sanction against Orange County Superior Court Judge Derek Guy Johnson on December 13, 2012, the Los Angeles Times played it as a brief, local story, and the wire services picked it up with similar brevity. The ensuing brief burst of internet posts focused on the judge's horrendous language and his expressed attitude to rape, almost to the exclusion of other issues - such as why were a state judge and a state prosecutor both getting rape law wrong? Or why was a judge citing his own (wrong) opinions as if they were evidence? Or why was this sorry performance only "admonished"?

The initial story was first and best reported in 2008 by R. Scott Moxley of OC Weekly, although there was apparently no media coverage of the trial at the Newport Beach Courthouse in June that year. Moxley came to the case obliquely, in October, when it turned out that the deputy district attorney trying the case was also having an affair with the detective who was one of the prosecution's main witnesses. Moxley, concerned that a vicious rapist might escape justice, wrote that: "... the shameful conduct of certain members of OC's justice system in the case - namely, the judge, the lead prosecutor and the lead police detective - is the real story here."

Convicted rapist Metin Reza Gurel is still in jail. (photo: file photo/OC Weekly)Convicted rapist Metin Reza Gurel is still in jail. (photo: file photo/OC Weekly)

Jury Convicted on Multiple Counts in Half an Hour

As it turned out, the prosecutorial misconduct was immaterial to the verdict in the case, People v. Metin Reza Gurel, which was upheld by the fourth district California Court of Appeal. After the original criminal trial, the jury took about 30 minutes to convict Gurel, then 43, of committing the multiple crimes of rape, forcible oral copulation, domestic battery with corporal injury, stalking, making criminal threats (three counts), and making criminal threats with a deadly weapon.

Metin Reza Gurel was a married Turkish citizen with a previous domestic violence conviction against another woman. In 2004, he and the victim in this case, identified only as Alicia V., started dating. They moved in together in 2006. She first reported his behavior to the police in early 2007 (threatening her with a knife and threatening to slash her throat with a broken CD). After that, Gurel moved out at Alicia's request, but they continued to date. In September and October 2008, Gurel's behavior became increasingly frightening as he apparently had access to her apartment and to her computer, and started making threats to get her fired from her job or to blow up her car.

On November 10, as the appeals court described it, defendant Gurel:

"... showed up at the restaurant where Alicia was on a date with another man, [he] used the man's name, grabbed Alicia by the face, and said, I've got you now, baby in an angry, hostile manner. Defendant left the restaurant; while standing outside, he looked in at Alicia, and made a slicing gesture across his throat; Alicia was agitated and scared....

"At the end of Alicia's date, she discovered a cell phone message from defendant, warning her to check her car. When she returned to her car, she discovered one of her tires had been slashed. Alicia was afraid to start her car, given defendant's previous threats to blow it up.

"Defendant had also left messages on Alicia's date's cell phone; one of the messages said, go ahead and fuck her...."

Alicia's date is not otherwise identified and apparently played a less than heroic role in the event, leaving her to drive home alone. According to the court, this man received more messages from Gurel during the following week - after Gurel had attacked Alicia - but he told police later that he deleted all those messages without listening to them.

Alicia Went to Talk Sense to Gurel

On her way home alone, and after she got home, Alicia received more that 20 more calls from Gurel, threatening her with violence unless she came to see him right then. She later explained that, although she was scared, she still thought she would be able to reason with him, so she went to see him. According to the appeals court:

"When Alicia entered defendants apartment, she noticed defendant was holding an ASP in his hand. (An ASP is an expandable metal baton carried by peace officers; a civilian must be certified to carry or use one.) Defendant ordered Alicia to sit on a chair; she complied. Defendant began yelling at Alicia.... Defendant poked Alicia in the breast with the ASP, causing a bruise....

"Defendant heated the end of a screwdriver on the stove, and threatened to brand Alicia's face and stick the screwdriver in her vagina to prevent her from having sex with anyone else.

"Defendant smashed Alicia's cell phone, then held a lit cigarette lighter near her face and threatened to burn her face and hair with it. Defendant continued yelling at and threatening Alicia for 45 minutes to one hour.

"Alicia did not say anything during the entire time. She had never seen defendant so angry, and he had never before made such threats ..."

At the time, Gurel also had one arm in a cast and threatened to beat Alicia's face with the cast. She no longer had any thought of reasoning with him, but concentrated on trying to figure out a way to escape from the apartment safely. Gurel forced her to undress, then threatened to burn her with the lighter. Before he demanded oral sex, he threatened to shoot and kill her. At that point, the appeals court wrote,

"Alicia did not believe she had a choice, and was afraid defendant would hurt her if she screamed or resisted, so she orally copulated him. Defendant then engaged in intercourse with Alicia, eventually ejaculating in her mouth. Alicia said no a few times, but did not use force against defendant or scream because she was afraid defendant would hurt her.

"When defendant said he wanted to engage in anal sex, Alicia said no. Defendant did not try to force her to engage in that act."

Alicia Was Afraid to Try to Leave

When Gurel eventually fell asleep, Alicia was afraid to try to leave because she knew he was a light sleeper. He had smashed her cell phone earlier with his illegal ASP. When Gurel woke up, he demanded that Alicia make him breakfast and talked about going with her to her apartment to get her belongings so that she would come to live with him. Somehow Alicia persuaded him to let her leave alone to go to her apartment, but she went first to buy a new cell phone, then drove to the Irvine police department. According to the appeals court:

"Alicia reported defendant's threats from the previous evening. She did not report being raped until a police interview about 17 days later; Alicia thought rape could only be committed against a stranger and could not occur if two people were or had been involved in a consensual relationship."

This was an outdated understanding of California law, which was changed in 1980. The appeals court, citing cases from 1998 to 2005, rejected Gurel's argument in the appeal that he was not guilty of rape or forcible oral copulation on the ground that "there was no evidence Alicia did not consent to engaging in those acts." The court found ample evidence that was "reasonable, credible, and of solid value" to support the conviction:

"The California Supreme Court has defined the evidence necessary to support a rape conviction: The gravamen of the crime of forcible rape is a sexual penetration accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury. As reflected in the surveyed case law, in a forcible rape prosecution the jury determines whether the use of force served to overcome the will of the victim to thwart or resist the attack, not whether the use of such force physically facilitated sexual penetration or prevented the victim from physically resisting her attacker.

"The Legislature has never sought to circumscribe the nature or type of forcible conduct that will support a conviction of forcible rape....

"The same proof is required to support a conviction for forcible oral copulation.... As with forcible rape, it is only when one participant in the act uses force to commit the act against the other person's will that an otherwise lawful act becomes unlawful. (People v. Guido, 2005)"

Court Excuses Alicia's Misunderstanding of Rape Law

The court also found that the 17 days that passed before Alicia told police she was raped was "... reasonable, given her misunderstanding that rape could only occur between strangers." The court pointed out that, at trial, Gurel's lawyer aggressively cross-examined Alicia on this point. And addressing Gurel's argument that he refrained from anal rape shows it was all consensual, the court noted: "That defendant did not sodomize Alicia when she refused to consent does not prove defendant did not rape or force Alicia to orally copulate him."

Immediately after the events, Alicia sought shelter at her sister's home. During that time, Gurel continued to leave angry messages and threats to her and her family, promising to track her down no matter what. Even after he was arrested and jailed, Gurel continued to call Alicia, trying to get her to change her story.

In June, at Gurel's trial, Alicia told her story again and the jury promptly convicted him on all counts - rejecting a defense that argued, in effect, "Well, that's the way we do things in Turkey." The prosecutor was deputy District Attorney Suzy M. Snyder, who had a reputation as a "passionate courtroom advocate for rape victims" (at that time her affair with the detective on the case was not public). At the sentencing hearing, June 20, 2008, she argued that Judge Johnson should sentence Gurel to 16 years in prison (he faced a maximum of almost 24 years).

Exchange at Sentencing Hearing Doesn't Go Well

Judge Johnson rejected the prosecutor's argument and offered a "preview" of what he planned to do: sentence Gurel to six years on Count 1, and six years on Count 2, but have them run concurrently. When the prosecutor asked why "the court is exercising its discretionary power" in this way, the Judge headed down the path that would get him sanctioned, as the transcript quoted by the judicial commission shows (the emphasis is the commission's):

THE COURT: All right. Let me tell you why I'm going to sentence Mr. Gurel to six years only in spite of the People's request for -

MS. SNYDER: Sixteen.

THE COURT: - 16. And that is, I spent my last year and a half in the DA's office in the sexual assault. I've seen sexual assault. I've seen women who have been ravaged and savaged whose vagina was shredded by the rape. 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.

MS. SNYDER: May I respond, Your Honor?

THE COURT: Pardon?

MS. SNYDER: May I respond:

THE COURT: I'm just telling you. We don't need to get into a discussion. You are free to join in, but I'm telling you the reasons why I think this case is worth six years because it's the mid-term. There's nothing in mitigation. There's nothing in aggravation. And it's what the jury has put in front of me.

MS SNYDER: All I wanted to say, Your Honor, was I'm not in any way equating this to a stranger rape, to a forcible rape where she was beaten ... so it's not the People's intention and position to in any way trivialize what we normally consider to be true victims of rape. I just - in speaking with her and seeing her testify, I know that she doesn't feel any less of a victim because she had a relationship with him or she had at one time engaged in sexual intercourse with him. I understand the court's reasoning when you're looking at the cases in comparison, and I understand the court's position on them being the same occasion. The only thing I would ask, and maybe I shouldn't have submitted as quickly as I did, is on count 1 why the court is not finding there to be any circumstances in aggravation to aggravate the term to eight years based on the fact that there were threats involved, there was a weapon involved, and just that there are aggravating circumstances that do apply where not many mitigating do? I was just wondering.

THE COURT: I just found the threats to be technical threats. I found this whole case to be a technical case. The rape is technical. It's more of a crime law test than a real live criminal case. I don't know what more to say.

Judge's Comments Violate Two Ethics Rules

In its December 13, 2012, decision, the commission concluded that Judge Johnson's remarks violated two canons in the code of judicial ethics, because the judge had undermined public confidence in the integrity and impartiality of the judiciary, and because he had shown bias and prejudice against assault victims who, in effect, have suffered less than having their vaginas "shredded by the rape."

The commission also criticized Judge Johnson for relying on his own opinion about "real rape" requiring resistance and bodily injury, when there was no evidence offered in the trial to support such an opinion. (Only three years earlier, in another highly-publicized rape case trial in Newport Beach involving a wealthy deputy sheriff's son and two other young men, the jury heard just such testimony from doctors for the defense - "that the only way an erect penis could enter a woman's vagina and rectum was if she consciously agreed to penetration." The penetration in the Haidl case included a Snapple bottle, a cigarette, and a pool cue. The jury rejected the "expert" testimony and found all three young men guilty.)

Without mentioning the Haidl case, the commission said that Judge Johnson's comments ("if someone doesn't want to have sexual intercourse, the body shuts down" and "the body will not allow that to happen unless a lot of damage was inflicted") were not based on any evidence, which is accurate - but then added that the judge's comments were based "upon his experience in the district attorney's office" - as if the comments actually had some credible basis in fact.

The Commission on Judicial Performance did note that the view the judge expressed from the bench had no basis whatsoever in law since 1980, but the panel chose not to make much fuss about the judicial performance of a judge getting the law wrong. With the opportunity to remove Judge Johnson from the bench, publicly censure him, or issue a public reproval, the commission voted 10-0 for a public admonishment (although they did have the option of keeping it private).

Who Filed Complaint Is Still a Mystery

One of the more curious aspects of this process is that the commission made a point of saying it had not learned of Judge Johnson's comments until May 2012 - but it gave no indication of why it took so long and how they were brought into the loop.

Judge Johnson has reportedly behaved dubiously in other domestic violence cases. In the case of People v. Jeffrey Patrick Haley, in which Haley was convicted of punching, kicking, strangling, and pointing a gun at his girlfriend, Judge Johnson insulted the girl in open court, calling her "a dullard." In another case, convicted killer and woman-beater Terrance Russell was facing California's third strike law for trying to strangle a woman in 2007; even though Russell pled guilty, and prosecutors asked for a sentence of 35 years to life, Judge Johnson ignored the victim's wishes, reduced the two felony charges to misdemeanors, and sent Russell to a local jail for just eight months.

In an odd ruling of quite another sort in 2010, Judge Johnson ordered special meals for an inmate based on the inmate's religious belief in "Festivus," a mock religion popularized by a "Seinfeld" episode.

Judge Johnson has reportedly apologized to the judicial commission, but if there's any public apology anywhere it's still well-hidden.

Rather than an apology, the folks at WatchDog.net are sponsoring an online petition to the judicial commission with 56,839 signatures to get Judge Johnson to leave the bench. Over at Change.org, three more petitions to the commission are seeking Judge Johnson's removal, with 9, 43 and 59 votes. MoveOn.org's similar petitions have been signed three and four times.

Others suggest the judge needs time in a re-education camp - such as a prison, perhaps - where he could develop empathy for the rape experience without having to strain his imagination.

OC Weekly Takes a Curtain Call

Since the flurry of internet comment in mid-December, there has been little follow-up coverage. A blogger at Yale Law and Technology took New York Magazine and others to task for being sloppy and late to the party that OC Weekly first covered four years ago. The one comment on his blog was from Gustavo Arellano, Editor, OC Weekly:

"Gracias for your defense of our paper. Just as background: The OC Weekly is an alt-weekly in Orange County, CA, and the sister paper of the Village Voice. The reporter who broke the news back in 2008, R. Scott Moxley, is an investigative reporting legend - he has sent our former sheriff to federal prison, gotten many politicians out of office, gotten innocent people out of jail, and generally makes life miserable for the comfortable, like the rest of us do.

"We're used to people not paying attention to us, ESPECIALLY in the mainstream media, because the MSM considers OC a backwater with no possible intellect, while the locals despise us because we ARE a backwater. Whatever: we continue being us, and letting everyone else play catchup."

 


William Boardman runs Panther Productions http://www.facebook.com/pages/Panther-Productions-work-in-progress/135723679847043.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

 

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+65 # Activista 2013-01-04 21:25
www.huffingtonpost.com/2013/01/02/steubenville-high-school-joke-rape-targeted-anonymous-video_n_2398479.html

Our culture of violence - 16 year old High School "athletes" having fun. SICK.
 
 
+74 # Byronator 2013-01-04 23:43
It would have been real justice if the rapist had been forced to serve a life sentence in a Turkish prison .... just sayin'.
 
 
+90 # bigkahuna671 2013-01-05 09:18
Actually, Byronator, it would only be real justice if Judge (?) Johnson was convicted of a crime and sent to prison where a bunch of Bubbas welcomed him with open pants. He couldn't claim rape unless he proved his "vagina" was shredded. As soon as I heard it was a California judge, I knew it had to be in Orange County, home of GOP bigots. That county is an embarassment to the state and it's unfortunate that the folks there all just don't move lock, stock, and (gun)barrel to the deep South, land of inbreeding and the Repugnant TParty!
 
 
+44 # NanFan 2013-01-06 12:29
I'm thinking this guy might just be an abuser himself...someo ne ought to look deeply into HIS life. His thinking makes no sense, except that he may be hiding a sh.t load of stuff about himself.

Just a thought that crossed my mind after I was enraged enough to wish HE would be sentenced to jail, put in the same cell as Gurel, and experience his body NOT shutting down when attacked by this violent, rapist maniac he only sent to jail for six years.

This man is one sick puppy!

N.
 
 
+26 # bigkahuna671 2013-01-06 14:16
NanFan, you just might have hit the nail on the head. Johnson's thinking shows a man whose distorted view of right and wrong is probably as twisted as some of the people who come befoe him in court. He actually reminds me of some of the "Men" who ran things in Puritan New England, in the Taliban, and during the Spanish Inquisition. How tragic that this man actually holds a position in which he has the right to sit in judgement on others.
 
 
+42 # DaveM 2013-01-05 00:50
I wonder if he regards an "clean", non-ragged wound as a lack of evidence of assault?
 
 
+35 # Glen 2013-01-05 08:46
And how about checking out that penis. How about expecting the rapist to PROVE beyond a doubt that he did nothing. How about expecting men and boys to behave and teach them well.

On the other hand - the man mentioned in this article is obviously deranged, which was at one time a common adjective. So now we're back to the mental health issue...
 
 
+94 # FederalReserve 2013-01-05 02:00
how does excrement like this become a "judge"?
 
 
+43 # WestWinds 2013-01-05 09:57
THIS is a REALLY good question. If ever there was an argument against political appointments or life terms on the bench, it's clowns like this judge. I'm with bigkahuna671, this judge needs some quality time with some rapists to shepherdize his thinking.
 
 
+35 # WestWinds 2013-01-05 10:01
PS Can we all say, "dumbed down judiciary"?
 
 
+51 # DrEvel1 2013-01-05 04:08
I bedlieve that unbder California law, he will be required to stand for re-election. At that point, I hope he gets a good opponent and massive publicity about his opinions. It would almost be worth moving down behind the Orange Curtain to be able to vote against him!
 
 
+61 # DrEvel1 2013-01-05 04:16
He will be up for re-election next year (2014). So there's plenty of time to mount a principled campaign against extending his term on the bench.
 
 
+50 # kalpal 2013-01-05 05:39
"Well, that's the way we do things in Turkey." Claimed the defense.

Really???? Now that is a not very interesting lie. Did the defense bring any local Turks to testify that such abuse is SOP in Turkey? Maybe they should have invited the head of the Turkish consulate to come in and discuss this insane fool's explanation for the bald faced and insulting lie that it is.
 
 
+36 # Akeel1701 2013-01-05 06:45
OMG what f-ing planet is this guy on!!!!!!!!!!!!
 
 
+71 # Barbara K 2013-01-05 07:12
This Tbagger Judge needs to resign or be kicked off the bench. He is too stupid to be a judge.
 
 
+89 # BlueReview 2013-01-05 07:23
Again with the "the woman's body shuts down" crap? We're well on our way back to legalizing rape! It's not enough that a woman's sexual history gets paraded through the courtroom by the defense attorney, while the defendant's "prior bad acts" are inadmissible? An 11-year-old is gang-raped, the defense attorney says that she "lured them on, like a spider in its lair.” A 13-year-old is sexually molested at school by her teacher, the school board says she was "careless and negligent" and “contributed to” her ongoing sexual abuse at the hands of a middle school teacher!

And it's not just men I’m ranting about. Forget “sister solidarity”--wo men are as guilty of blaming the victim as men are, even in rape cases. Just last year I read an article about a woman who was groped in a bar by an off-duty police officer. The judge in the case--a woman--actually told the victim, "If you hadn't been at that bar that night, none of this would have happened."

Completely despicable, nauseatingly repugnant doesn’t begin to cover it. Words cannot express the contempt and disgust I feel for the human race right now.

I remember all the cartoons I used to see, showing cavemen dragging women back to their caves by the hair. I read in National Geographic recently that a scientist found “Neanderthal DNA” in modern-day humans. I guess that explains a lot—that we’ve never actually evolved.
 
 
+10 # Pickwicky 2013-01-05 18:31
Blue Review--maybe we shouldn't denigrate the Neanderthal. Homo Sapiens isn't doing so hot. That bit of Neanderthal DNA in us might be a good thing.
 
 
+44 # Peace Anonymous 2013-01-05 07:40
I am in favor of gun control. But the greatest issue, as Activista has pointed out, is our culture of violence. The issue isn't the gun but it is "how" we think. The Dalai Lama has said we must, "Think different" if we want peace in our world. When we fill our world with war and violence why would this behavior not find its way into our home and schools? We are what we do. How can we kill, maim, and torture all over the world and come home expecting peace and serenity?
 
 
+93 # The Ice Maiden 2013-01-05 07:51
This judge should be removed from the bench.
Rape is not limited to circumstances where a woman resists, which inevitably results in more physical harm to her.
A heated screwdriver, a police baton, terrifying threats: a woman would be foolish to resist, although this judge would likely hold her accountable for the injuries if she HAD physically resisted.
This article left me literally sick to my stomach. Maybe the unpunished acid-throwing, raping hoards we read about in other countries aren't so different from some our of own men after all. Rape is only rape if a woman is left phsycially ripped apart? This judge is not fit to sit on the bench.
 
 
+16 # CL38 2013-01-05 11:44
I completely agree.
 
 
+23 # ThinkRodan 2013-01-05 09:31
Who issued this judge his MD degree? What gall of this barrister!
 
 
+39 # WestWinds 2013-01-05 10:05
He isn't even a barrister. A real barrister tries properly apply the law in the best interest of the victim. This clown is just some Right-wing political hack with the IQ of a rock. He probably got his law degree from Liberty University.
 
 
+17 # Kootenay Coyote 2013-01-05 09:59
Monstrous.
 
 
+35 # smilodon1 2013-01-05 10:27
I'd be interested to know if he's a republican. My guess is that he is and, therefore, displays the typical party specific misogyny.
 
 
+21 # CL38 2013-01-05 11:43
I think you can count on his being a republican.
 
 
+25 # BlueReview 2013-01-05 10:32
What the 'forcible rape' crowd completely ignores is the use of alcohol and drugs in some cases. Oh, she was at a party, she drank too much and passed out, that makes it OK--she was obviously 'asking for it'. And apparently they're denying the existence of 'date-rape' drugs. Lack of consciousness does not mean consent!
 
 
+22 # simplysallie 2013-01-05 10:49
The assailant is a sociopath. There is a difference between being a sociopath and being mentally ill.
 
 
+37 # CL38 2013-01-05 11:42
It's 2013. How is it we're sliding back to a time when male judges imposed rape-friendly views to protect rapists and dismiss the torture of women as not serious enough to warrant a long sentence????? This judge is aiding and abetting rapists by giving them a slap on the wrist. He's become an accomplice, after the fact.

We have to take the actions of hate-filled men toward women very seriously. They're targeting and stripping away, one by one, all the gains and rights we fought so hard for.

The right's extreme attitudes toward women impose a Republican-Tali ban rule over our lives. Outlawing birth control and abortion, imposing health procedures that violate our privacy and rights, it's all part of a package of discrimination, control and misogyny.

This needs to be addressed through community and federal action...and by electing many more women to public office.
 
 
+14 # WBoardman 2013-01-05 11:44
It's a global problem....

http://www.change.org/petitions/from-the-grassroots-women-leaders-of-congo-to-the-women-leaders-of-the-white-house#
 
 
+5 # Barbara K 2013-01-05 17:15
WBoardman: Thanks, signed this one this morning.
 
 
+23 # jwb110 2013-01-05 12:27
well, it was in Orange Co., CA.
If Judge Johnson were to be raped and it does happen to men also, would only a shredded rectum prove it was rape.
If at any point a woman says No! then it is rape. No means no, not yes because it is a woman and "she really wanted it."
 
 
+15 # NVNan 2013-01-05 12:28
To all of those commenting on this article: Please go to the websites mentioned and sign those petitions! I started at Change.org and have found several needing our support. Just go to their search and type in Judge Johnson. OR follow this link: http://www.change.org/petitions/california-commission-on-judicial-performance-remove-derek-g-johnson-from-the-bench#
Then please invite your freinds to sign. I will be looking on the other sites and hope to be back with another comment and more links!
 
 
+9 # NVNan 2013-01-05 12:42
Update: Change.org has 3 petitions needing your help. They need 35, 86 and 51 more signers. If the 20+ commentors to this article and the at least 29 "voters" on our comments could sign the 3 petitions and get 2 friends to sign, the petitions will reach their goals. Let's get it done! MoveOn.org and Watchdog.net don't seem to have active petitions at this time.
 
 
+1 # NVNan 2013-01-06 11:06
Update: Thanks to those of you who went to Change.org & signed. We can do better! Those 3 petitions now need : 29, 29 & 81 signees!
 
 
+6 # Barbara K 2013-01-05 17:14
NVNan: Thanks, I signed and forwarded the petition. Looks like there is no justice for women any more, we will have to take care of ourselves, and we can.
 
 
+22 # DaveM 2013-01-05 12:35
I wonder if he would demand a "shredded penis" as evidence that a woman fought back against her attacker?
 
 
+21 # moonrigger 2013-01-05 12:56
If it had been his daughter, sister, wife, or mother, I wonder what his definition of rape would have been? Another Akin who needs to be kicked out of the profession.
 
 
+11 # Anarchist 23 2013-01-05 13:01
Let's look on the bright side: all the chemicals that Men are putting into the environment are making male babies either less often or born with genital deformities. They are making themselves extinct. Of course they are taking the planet, the biosphere and everything else down with them. This is a sick depraved disgusting culture and a country that, if there is ever a history left for your descendents (I have none-thank the Great Goddess)it will make the comparative cruelties of the Roman Empire look very small.
 
 
+12 # brux 2013-01-05 13:15
From reading the news one would think that every single functionary in the government, police, and whatever else is corrupt and slimy.

I have no idea, but the impression we get from news subliminally affects our subconscious minds and over a long period of time as we grow up and become adults and find we have to take on the mindset is children or slaves being manipulated and controlled and told what to think and do, bolstered by this kind of stuff in the news is outrageous.

When a District Attorney is corrupt, he should be fired, charged and put in jail. At some point we have created so many corrupt people in government it becomes normal and bleeds over to everyday life.

What do we have to do, start demanding the death penalty for corrupt people like they have in China? That is playing with fire and not a good idea, but we cannot have everyone in prison, we cannot excecute everyone.

We would all be better off if people's selfishness was not encouraged and criminal behavior was punished.
 
 
+16 # David Starr 2013-01-05 13:30
Quoting: "By the stated logic of a California judge in 2008, no woman is raped unless she can demonstrate that her 'vagina was shredded by the rape.'

Here's proof that a major qualification to hold a position in the justice system is outright stupidity. Shredded!? Isn't that what you do when using a blender? This "genius" can't even tell the difference between a blender and a vagina.
 
 
+15 # cherylpetro 2013-01-05 15:38
It is at the very least a battery! Which is, an unwanted touching! Add in the element of fear before the battery, and it is assault and battery! But rape is such a violent and demeaning crime; it is sad that many seem to brush it off, as a fun ride! It is NOT sex, it is often accompanied by death threats, and the fear is unmeasurable to the victim. I don't understand this new obsession with the Right Wing trying to lessen the crime of rape, are they planning a lot of raping in the future, and want to clear the way? They show their disdain for women, each and every day! You'd better believe if a woman were so inclined to violently violate a man, justice would be swift and harsh! I'd like to see how accepting they would be if rape happened to one of their daughters!
 
 
+17 # lourdmar 2013-01-05 16:40
THIS IS A VERY SICK JUDGE...! ARREST HIM!
 
 
+8 # loves2read 2013-01-05 18:30
Best not to bring a domestic violence case before HIM!
 
 
+10 # NormaChase 2013-01-05 20:40
The victim's belief that past consensual sex precluded a rape charge was not an "outmoded" view of the law. It never was the letter of the law, in California or any other state. What the 1980 statute said about this ("A current or previous dating ... relationship shall not be sufficient to constitute consent") was not a change in the law.
 
 
+9 # SusanT136 2013-01-06 00:35
This judge should be removed from the bench. He cannot judge a domestic violence or rape case without extreme prejudice and bizarre ideas.

He and Todd Akin should get together and write a book on female anatomy.
 
 
+6 # lydiablanchard@yahoo.com 2013-01-06 07:58
How sad that human beings must have to concern ourselves with a terrible and stupid issue such as this.

I was saved from an attempted rape by a courageous passer-by, a retired warrant officer, in 1961. I bless him still. My one-yeer-old watched, and I was pregnant. The defendant was let off with a lesser charge after I was a witness in a SF trial, and there was no victim-witness program to keep me informed for months.

But I object to being required to use Facebook, with its violations of confidentiality and its surveillance collusion, in order to complete a petition against rape, with all its terrifying implications.
 
 
0 # FDRva 2013-01-06 11:28
Two observations about this horrible case.

1) The judge was likely paid off to rule in the odd manner he did, repeatedly, and in different cases.

2)"Legitimate rape" is now acceptable to both the Obama White House and the GOP brass--as long it is committed against the public by their mutual, "too-big-to-fai l, too-stupid-to-s ucceed-without- a-bailout" friends on Wall Street.
 
 
+1 # FDRva 2013-01-06 16:38
Yup, only corrupt judges--and corrupt Presidents like Bush and Obama get away with 'legitimate rape' Wall Street style.
 
 
+6 # waters 2013-01-06 12:58
I was shocked to see that Judge Derek Johnson was appointed by (Democrat) Gov. Gray Davis on March 8, 2000..

"Gov. Gray Davis has appointed two Orange County lawyers to the county's Superior Court. They are Derek Guy Johnson of Corona del Mar and ..."

http://capoliticalnews.com/2012/12/14/judge-appointed-by-gov-davis-rebuked-for-saying-rape-victim-didnt-put-up-a-fight/

I too assumed he was a neanderthal Akins-like Tea party repugnant -one. Looks like we need to educate the California Governor about his judicial choices. Maybe the new Governor can arrange for this loser to be dismissed from service! This is what the right wingers call "judicial activism"- where a judge imparts his "own moral code" to promote an agenda.

Both political parties are full of stinkers. This Judge should clearly be ousted for his bizarre views on rape!
 
 
0 # Buddha 2013-01-21 15:41
We really aren't as different as countries like India with that gang-rape-on-th e-bus incident as we'd like to believe it seems. When knuckledragging neanderthals like this are allowed on the bench...
 

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