According to USA Today
, the judge, Superior Court Judge Derek Johnson, also said that the if a person does not want to have sexual intercourse, then the body will not permit it to happen.
According to Los Angeles Times
, Johnson made the comments during a sentencing in 2008. Prosecutors called to impose a 16-year prison term on a man who had been convicted of making threats against his former live-in girlfriend, as well as being convicted of forcible oral copulation, rape, stalking, domestic battery and stalking.
Prosecutors also said that the man threatened to mutilate the woman the day she was raped.
Johnson did not sentence the man to 16-years in prison, and handed him a six-year sentence instead. According to documents that were released on Thursday, the judge said that he was not a gynecologist but if someone did not want to have sexual intercourse, then the body would shut down and the body would not allow it to happen unless there was a lot of damage that was inflicted.
Johnson said that although the victim was not necessarily willing, she did not put up a fight.
According to CBS
, the commission said that Johnson's comments and views of sexual assault was just his opinion and not the law. Since 1980, under California law, rape victims do not have to prove they resisted or were prevented from resisting due to threats.
Johnson apologized to the commission for his comments and said that they were inappropriate. He went onto say that he only made those comments because he became frustrated when he was arguing with the prosecutor over the defendant's sentence.