US rape trial Judge says ‘the body will not permit’ rape to happen

A panel of judges at Los Angeles court ruled that the trial court conviction of Julio Morales be overturned and he be remanded for retrial because an arcane law from 1872 doesn't protect unmarried women in such cases. (Getty Images)

US Congressmen Todd Aiken caused a media storm in the run up to the presidential elections with his comments about "legitimate rape". He eventually lost his seat, but it seems there are still powerful people in America with outdated and damaging views on rape.

In Santa Ana California, Superior Court Judge Derek Johnson has been publicly admonished for comments he made during the trail of a man who threatened to mutilate the face and genitals of his ex-girlfriend with a heated screwdriver before beating and raping her.

While protesting a 16-year sentence Johnson felt to be to harsh he said: "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."