Is there some secret school these people go to, in order to be so misinformed?
http://news.msn.com/us/judge-says-victims-body-can-prevent-rape
DD, thank you for your outrage. please consider doing something concrete and practical to help
on this lingering horror, in your home community. I hope you will join in.
We desperately need your energy and your help.
The case occurred in 2008. Judge Johnson made his comments at the sentencing hearing for the convicted man
and came as the judge explained his sentence of only 6 years, instead of 16 possible years in prison
You understand that the l
egal requirement demanding visible proof of "deternined resistance"
was placed on (women and girl children) only victims of rape
for decades - right?
(stipulated in statute across the country with slight variations in language among states)
No other violent felony statutes placed this hideous burden on victims, AFAIK
And rape statutes were gender specific (at the state level) until the last 30 years -
meaning
only P in V assault was considered rape.
And FBI data collection parameters were not changed until
this year. Y es, January
2012.
Meaning, horribly and sadly, that at the state level, no perpetrator could be arrested for
rape of an adult man or male child. (Other crimes could be charged).
Until people like me and thousands more fought like bloody hell for years , one state by one state,
nothing changed. There is extensive legal writing/commentary on the "requirement of resistance".
It is highly educational to read this body of writing and hearing the perspectives of those who once held these views.
But Judge Johnson is not remotely alone in his opinions, nor in application of his views to specific cases.
Here is the partial text of his comments:
Unbelievably, Johnson cited his time in the district attorney’s sexual assault unit when he lectured the prosecutor on why he was imposing a six-year sentence instead of the 16 requested. “I’ve seen sexual assault,” Johnson said from the bench. “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," 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 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," the judge said.
The judge, who has been on the Orange County Superior Court since 2000, also declared the rape "technical" and not "a real, live criminal case. "To treat this case like the rape cases that we all hear about is an insult to victims of rape," the judge said. "I think it's an insult. I think it trivializes a rape."
Here is what the woman was threatened with by the the assailant (her former boyfriend) - Please note, as in the great majority of cases _not a stranger_.
Metin Gurel, convicted of rape, forcible oral copulation, domestic battery, stalking and making threats against his former girlfriend.
The day he raped her, according to records, Gurel beat her with a metal baton, threatened to maim her face and vagina with a heated screwdriver, burn her face and hair with a lit cigarette lighter and shoot and kill her.
As we heard this year, Judge Johnsons' perspective is hardly isolated
I encounter those sharing his view- not as often as in the past but frequently enoughthat this brings no surprise,
only sadness and revived determination to bring them to an end.
with respect and appreciation for your post,