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Move over Todd Akin. Step aside Richard Mourdock. Derek Johnson has something totally ignorant to say about rape—namely that women's bodies "will not permit that to happen" if they really don't want it.

Today, the California Commission on Judicial Performance unanimously voted to admonish the Superior Court judge over statements he made during the 2008 sentencing of a man who threatened his ex-girlfriend with horrific violence before proceeding to rape her. The prosecution requested the defendant be sentenced to 16 years in prison, but Johnson only gave him six. Here's why, according to the judge himself:

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 this guy used to be a prosecutor in the Orange County district attorney's sex crimes unit. Seriously. He also undercut the victim's case by arguing that she "didn't put up a fight." The Judicial Performance commission's chairman Lawrence J. Simi clarifies, "The judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not 'put up a fight.' Such comments cannot help but diminish public confidence and trust in the impartiality of the judiciary." Johnson has since apologized for the remarks. If he had to face voters anytime soon, his chances for re-election would be slim based on how Akin and Mourdock fared this election cycle. But Orange County citizens will unfortunately have to put up with Johnson for a few more years—his last six-year term ends in early 2015.

This article is from the archive of our partner The Wire.

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