# I pit the rape judge

**URL:** <https://boards.straightdope.com/t/i-pit-the-rape-judge/644007>\
**Category:** The BBQ Pit\
**Created:** [December 14, 2012, 7:49am UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007 "2012-12-14T07:49:36Z")\
**Posts on this page:** 20\
**Page:** 1

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [December 14, 2012, 7:49am UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/1 "2012-12-14T07:49:36Z")

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WHAT. THE. FUCK! is wrong with people??? 😕

Did we somehow not bring everyone along with us into the 21st century?

[

> [@California Judge Derek Johnson](#):
>
> 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.

> [@](#):
>
> Johnson made the comments in the case of a man who threatened to mutilate the face and genitals of his ex-girlfriend with a heated screwdriver, beat her with a metal baton and made other violent threats before committing rape, forced oral copulation, and other crimes.
> 
> Though the woman reported the criminal threats the next day, the woman did not report the rape until 17 days later.

]([http://hosted.ap.org/dynamic/stories/U/US\_JUDGE\_RAPE\_COMMENTS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2012-12-13-22-36-19](http://hosted.ap.org/dynamic/stories/U/US_JUDGE_RAPE_COMMENTS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2012-12-13-22-36-19))  
Thankfully, the California Commission on Judicial Performance voted unanimously (10-0) in favor of a public admonishment for this asshat. They found that his comments were inappropriate and a breach of judicial ethics.

> [@](#):
>
> In an apology to the commission, Johnson said his comments were inappropriate. He said his comments were the result of his frustration during an argument with a prosecutor over the defendant’s sentence.
> 
> Johnson said he believed the prosecutor’s request of a 16-year sentence was not authorized by law. Johnson sentenced the rapist to six years instead, saying that’s what the case was “worth.”

:eek:

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**Author:** ![SeaDragonTattoo](https://avatars.discourse-cdn.com/v4/letter/s/df705f/32.png) [@SeaDragonTattoo](https://boards.straightdope.com/u/SeaDragonTattoo)\
**Post date:** [December 14, 2012, 8:19am UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/2 "2012-12-14T08:19:41Z")

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That’s nearly exactly what that Akin idiot from Missouri said. I think it’s a Fundie thing going around, so they can rape their wives without feeling guilty - after all, if she really doesn’t want it, she can just stop it from happening. I don’t have an insult strong enough to express what I think about this “belief” going around. They just better hope they never run across me in a dark alley.

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**Author:** ![Der\_Trihs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/der_trihs/32/233_2.png) [@Der\_Trihs](https://boards.straightdope.com/u/Der_Trihs)\
**Post date:** [December 14, 2012, 8:23am UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/3 "2012-12-14T08:23:43Z")

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The idea that _“if a woman isn’t dead or nearly dead, it obviously wasn’t rape”_ is really, really old; it just seems to be making a comeback with people like this. Dark Age nonsense for Dark Age minds.

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**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\
**Post date:** [December 14, 2012, 9:12am UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/4 "2012-12-14T09:12:13Z")

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> [@SeaDragonTattoo](#):
>
> That’s nearly exactly what that Akin idiot from Missouri said. I think it’s a Fundie thing going around, so they can rape their wives without feeling guilty - after all, if she really doesn’t want it, she can just stop it from happening. I don’t have an insult strong enough to express what I think about this “belief” going around. They just better hope they never run across me in a dark alley.

Just so we can keep our medieval misogyny straight: Akin said pregnant woman couldn’t get pregnant from rape. The judge seems to be saying woman couldn’t be raped without large amounts of physical damage. So somewhat different beliefs, even if they’re both equally execrable.

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [December 14, 2012, 9:14am UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/5 "2012-12-14T09:14:09Z")

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Also scary, according to the AP story the judge use to be a sex crimes prosecutor. You have to wonder how many rapists walked because their victims didn’t look beat up enough to suit him.

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**Author:** ![gracer](https://avatars.discourse-cdn.com/v4/letter/g/8e7dd6/32.png) [@gracer](https://boards.straightdope.com/u/gracer)\
**Post date:** [December 14, 2012, 10:59am UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/6 "2012-12-14T10:59:06Z")

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I would really like a proper explanation of what he thinks _actually happens_. What, the vagina seals itself like the cave of wonders? Does it grow teeth? Or does it create a force field in which all willies go limp? WHAT? How does this magic happen??

Fucking hell, and we still need to have threads on this board arguing that it should be really difficult to report rape.

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**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\
**Post date:** [December 14, 2012, 11:01am UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/7 "2012-12-14T11:01:50Z")

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> [@gracer](#):
>
> I would really like a proper explanation of what he thinks _actually happens_. What, the vagina seals itself like the cave of wonders?..

The vagina shrivels to the equivalent of an “innie” belly button. It’s common knowledge!

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**Author:** ![gracer](https://avatars.discourse-cdn.com/v4/letter/g/8e7dd6/32.png) [@gracer](https://boards.straightdope.com/u/gracer)\
**Post date:** [December 14, 2012, 11:23am UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/8 "2012-12-14T11:23:40Z")

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> [@Boyo\_Jim](#):
>
> The vagina shrivels to the equivalent of an “innie” belly button. It’s common knowledge!

I want this man to say it out loud, on television. I want to hear him say “but…but… it shrivels up to an innie belly button…right?”. And I want him to have sex ed, live on tv, with those models of women’s reproductive system, and he has to point to the magical muscles that do this. Or to the gland that secretes the concrete that seals the vagina off. Or whatever it is.

And then I want the whole world to point and laugh. Until he runs away crying.

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**Author:** ![SeaDragonTattoo](https://avatars.discourse-cdn.com/v4/letter/s/df705f/32.png) [@SeaDragonTattoo](https://boards.straightdope.com/u/SeaDragonTattoo)\
**Post date:** [December 14, 2012, 11:40am UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/9 "2012-12-14T11:40:30Z")

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Or, I’ll take the teeth option. Give it to me baby… CHOMP! Why are you screaming?

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**Author:** ![Cinnamon\_Imp](https://avatars.discourse-cdn.com/v4/letter/c/58956e/32.png) [@Cinnamon\_Imp](https://boards.straightdope.com/u/Cinnamon_Imp)\
**Post date:** [December 14, 2012, 12:18pm UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/10 "2012-12-14T12:18:55Z")

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> [@gracer](#):
>
> I want this man to say it out loud, on television. I want to hear him say “but…but… it shrivels up to an innie belly button…right?”. And I want him to have sex ed, live on tv, with those models of women’s reproductive system, and he has to point to the magical muscles that do this.

No, he’s just say that if your muscles DON’T do this, you’ve obviously not been doing your vaginal exercises enough and are just asking to be raped, you loose pelvic floored hussy.

:rolleyes:

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [December 14, 2012, 2:59pm UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/11 "2012-12-14T14:59:11Z")

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I don’t quite understand how he (presumably) agrees that robbery happens when a store clerk hands over the money in cash drawer. After all, that takes quite a bit more voluntary muscle action than being a rape victim does.

The clerk reaches into the register and hands over the money because he’s threatened with harm if he does not. That’s the key factor of armed robbery, in fact.

The lack of resistance happens for precisely the same reason in a rape: the credible threat of physical harm.

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**Author:** ![Heart\_of\_Dorkness](https://avatars.discourse-cdn.com/v4/letter/h/4bbf92/32.png) [@Heart\_of\_Dorkness](https://boards.straightdope.com/u/Heart_of_Dorkness)\
**Post date:** [December 14, 2012, 3:15pm UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/12 "2012-12-14T15:15:30Z")

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> [@Bricker](#):
>
> I don’t quite understand how he (presumably) agrees that robbery happens when a store clerk hands over the money in cash drawer. After all, that takes quite a bit more voluntary muscle action than being a rape victim does.

Sadly, I think I know what his “logic” is. You see, women are not able to _voluntarily_ control their reproductive organs, but these organs _are_ highly and immediately responsive to their _subconscious_ desires. So while a woman might choose not resist under threat of harm - by not punching, kicking, screaming, etc. - her vajayjay will _always_ resist… if that’s what she _really_ wants. It’s basically just an elaborate version of, “She said ‘no’, but she really meant ‘yes’.”

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**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\
**Post date:** [December 14, 2012, 3:36pm UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/13 "2012-12-14T15:36:37Z")

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Did I read that right? The asshole judge apologized to…the commission…for those comments.  
Screw the commission, what about the victim who was further victimized by the system?

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [December 14, 2012, 3:37pm UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/14 "2012-12-14T15:37:07Z")

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> [@Heart\_of\_Dorkness](#):
>
> Sadly, I think I know what his “logic” is. You see, women are not able to _voluntarily_ control their reproductive organs, but these organs _are_ highly and immediately responsive to their _subconscious_ desires. So while a woman might choose not resist under threat of harm - by not punching, kicking, screaming, etc. - her vajayjay will _always_ resist… if that’s what she _really_ wants. It’s basically just an elaborate version of, “She said ‘no’, but she really meant ‘yes’.”

You may be right – and, indeed, there’s two different physical issues going on: the internal musculature and the response of the mucus membrane. I wonder if he meant that there was no physical chafing as is often seen with rape accomplished with a lack of internal lubrication.

If so, then he can be – if not forgiven – perhaps given slightly more latitude, since there are some women who experience lubrication during a rape and take that to mean their body has betrayed them somehow, or wonder if they somehow secretly wanted it. Of course, that’s nonsense: that’s a reaction that can be mental, but can also be purely physical, and it says nothing at all about what anyone may have wanted, secretly or otherwise. Indeed, it’s not impossible for the physical rape to generate a physical orgasm, and I know that has been the cause of some hideously awful self-doubt on the part of victims. But, again, while we tend to associate the female orgasm, especially, with mental and emotional acceptance and intimacy, it can absolutely be the result of unwanted physical contact and has absolutely zero relevance, legally (or otherwise) as to the issue of consent.

But learning he’s a former sex crimes prosecutor, I’ll take back the slight bit of latitude I was willing to extend in the paragraph above. Some women may themselves make that mistake because they were never properly educated about their own physiology; a sex crimes prosecutor cannot – or SHOULD not – be able to use that shield to explain his lack of knowledge.

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**Author:** ![Slithy\_Tove](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slithy_tove/32/18248_2.png) [@Slithy\_Tove](https://boards.straightdope.com/u/Slithy_Tove)\
**Post date:** [December 14, 2012, 3:41pm UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/15 "2012-12-14T15:41:31Z")

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There’s only one rape judge? I thought there were three of them, and they held up placards with numbers on them

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**Author:** ![Morgenstern](https://avatars.discourse-cdn.com/v4/letter/m/f9ae1b/32.png) [@Morgenstern](https://boards.straightdope.com/u/Morgenstern)\
**Post date:** [December 14, 2012, 3:42pm UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/16 "2012-12-14T15:42:12Z")

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That’s the jury.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [December 14, 2012, 4:28pm UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/17 "2012-12-14T16:28:44Z")

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I’m sure the victim is thrilled to hear he received a public admonishment, the most devastating disciplinary sanction imaginable.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [December 14, 2012, 4:45pm UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/18 "2012-12-14T16:45:14Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> I’m sure the victim is thrilled to hear he received a public admonishment, the most devastating disciplinary sanction imaginable.

Well, yeah, this isn’t exactly a public flogging.

I will say that if you’ve practiced criminal law for any length of time, you are well aware of the shorthand language as far as what a given set of facts is “worth” in terms of possible conviction and sentencing.

> [@](#):
>
> Johnson said he believed the prosecutor’s request of a 16-year sentence was not authorized by law. Johnson sentenced the rapist to six years instead, saying that’s what the case was “worth.”

His remarks apparently arose out of some desire to justify his “worth” argument. Highly inappropriate, but I’m sorry to say, not highly unusual methodology.

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**Author:** ![gamerunknown](https://avatars.discourse-cdn.com/v4/letter/g/6bbea6/32.png) [@gamerunknown](https://boards.straightdope.com/u/gamerunknown)\
**Post date:** [December 14, 2012, 5:02pm UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/19 "2012-12-14T17:02:36Z")

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Reminds me of the lowest celestial sphere in heaven according to Dante: the part reserved for raped nuns.

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**Author:** ![Marley23](https://avatars.discourse-cdn.com/v4/letter/m/45deac/32.png) [@Marley23](https://boards.straightdope.com/u/Marley23)\
**Post date:** [December 14, 2012, 5:27pm UTC](https://boards.straightdope.com/t/i-pit-the-rape-judge/644007/20 "2012-12-14T17:27:13Z")

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> [@SeaDragonTattoo](#):
>
> I think it’s a Fundie thing going around, so they can rape their wives without feeling guilty - after all, if she really doesn’t want it, she can just stop it from happening.

I hesitate to say this about these kinds of morons, but that might be a little too harsh. It’s a mental workaround for female promiscuity and abortion. If there’s no such thing as rape and all pregnancies are the result of consensual sex, it eliminates a lot of complicated stuff that these people don’t want to think about.
