SANTA ANA, Calif. (TheBlaze/AP) — 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. The group voted 10-0 to impose a public admonishment on Johnson, the USA Today reports.

“In the commission’s view, the judge’s remarks reflected outdated, biased and insensitive views about sexual assault victims who do not ‘put up a fight,’” Lawrence J. Simi, the commission’s chairman, wrote in response to the case. “Such comments cannot help but diminish public confidence and trust in the impartiality of the judiciary.”

Judge Derek Johnson Reprimanded for Claiming Body Can Prevent Rape

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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.

“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 at the time.

The commission essentially found that Johnson’s statement — that a victim should resist assault is not a legal opinion, but rather a personal one; since 1980, California law has not required rape victims to prove resistance.