“In the commission’s view, the judge’s remarks reflected outdated, biased and insensitive views about sexual assault victims who do not ‘put up a fight.’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,” wrote Lawrence J. Simi, the commission’s chairman.
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.
Johnson, a former prosecutor in the Orange County district attorney’s sex crimes unit, said during the man’s 2008 sentencing that he had seen violent cases on that unit in which women’s vaginas were “shredded” by 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,” Johnson said.
The commission found that Johnson’s view that a victim must resist to be a real victim of sexual assault was his opinion, not the law. Since 1980, California law doesn’t require rape victims to prove they resisted or were prevented from resisting because of threats.
Polygamous leader Warren Jeffs not only raped child brides within his sect, he also molested other children, including a former student and his own young nephew, jurors were told Saturday.
During a rare Saturday session in the sentencing phase of Jeffs’ trial, prosecutors also showed how the polygamous sect leader ordered special beds for the sect’s temple in Eldorado, Texas.
A 28-year-old woman who attended Alta Academy, the Fundamentalist Church of Jesus Christ of Latter-Day Saints school operated at the mouth of Little Cottonwood Canyon with Jeffs as its principal, began crying on the witness stand as soon as she said Jeffs’ name.
The woman said she was 8 when Jeffs summoned her to his office and asked her to sit on his lap. She did not specify what Jeffs did to her but made it clear it was molestation.
“I didn’t know I was supposed to tell him no,” the woman told the jury.
The trial has attracted court watchers from across west Texas. A few observers in the gallery cried with her.
The woman said she did not disclose the abuse until she met Texas rangers who traveled to Utah to investigate Jeffs following the 2008 raid on the Yearning for Zion Ranch in Eldorado.
A jury is considering whether Jeffs, 55, should spend up to life in prison. The jury on Thursday convicted the polygamous sect leader of aggravated sexual abuse of a child and a count of sexual abuse of a child for having sex with 12- and 15-year-old girls he took as celestial wives.
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An Arizona man placed on death row last month for shooting a 9-year-old girl at point-blank range and killing her father was sentenced to another 78 years in prison Friday for trying to murder the girl’s mother and for committing a variety of other crimes.
Deputy Pima County Attorney Rick Unklesbay recommended aggravated, consecutive sentences for Jason Bush and told Pima County Superior Court Judge John Leonardo he will be submitting a restitution request on behalf of Gina Gonzalez at a later time.
When given the opportunity to speak, Bush replied, “Restitution? Get real! I’m going to death row.” He said he had nothing else to say.
Bush, 36, was convicted in March and sentenced to die for shooting Raul Junior Flores, 29, and Brisenia Flores.