The state agency that monitors judicial misconduct has publicly admonished an Orange County judge, saying his remarks in a sexual assault case breached judicial ethics and created an impression of bias against the victim.
At a June 2008 sentencing hearing, Superior Court Judge Derek G. Johnson denied a prosecutorâ€™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.
Johnson decided to impose a six-year sentence.
â€śIf someone doesnâ€™t want to have sexual intercourse, the body shuts down,â€ť the judge said, according to documents released Thursday.. “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 wasnâ€™t necessarily willing, she didnâ€™t put up a fight.â€ť
The judge, who has been on the Orange County Superior Court since 2000, also declared the rape â€śtechnical,â€ť and not â€śa real, live criminal case.â€ť
The San Francisco-based Commission on Judicial Performance said that Johnsonâ€™s remarks flew in the face of California law, which does not require proof that a rape victim tried to resist an attack.