Judge Says Victims' Body Can Prevent Rape A Southern California judge is being publicly admonished for saying a rape victim didn't put up a fight during her assault and that if someone doesn't want sexual intercourse, the body "will not permit that to happen." The California Commission on Judicial Performance issued a report Thursday saying Superior Court Judge Derek Johnson's comments were inappropriate and a breach of judicial ethics. Johnson is a former prosecutor in the Orange County district attorney's sex crimes unit. He issued an apology saying he was frustrated with a prosecutor during an argument in 2008 over the sentencing in the case before him compared to other more aggravated cases. The case involved a man who threatened to mutilate the face and genitals of his ex-girlfriend with a heated screwdriver before committing rape, forced oral copulation, and other crimes.