A California judge has been publicly criticised today for controversial comments he made 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.'

Echoing the widely condemned comments on 'legitimate rape' of outgoing U.S. representative Todd Akin, Superior Court Judge Derek Johnson said 'If someone doesn't want to have sexual intercourse, the body shuts down.'

Furthermore, the states Commission on Judicial Performance attacked the the judge for taking ten years off the recommended sentence for the rapist in the case, imposing a six-year sentence instead.

Metin Gurel was sentenced in 2008 by Johnson after being convicted of rape, forcible oral copulation, domestic battery, stalking and making threats against his former live-in girlfriend.

Prosecutors said that on the day he raped the woman he had threatened to mutilate the woman's face and vagina with a screwdriver he had heated up.

'I'm not a gynecologist, but I can tell you something,' said Johnson according to documents released Thursday.

'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 in inflicted, and we heard nothing about that in this case.

'That tells me that the victim in this case, although she wasn't necessarily willing, she didn't put up a fight.'

The commission which said that it only learned of the remarks in May 2012 voted 10 to 0 that Johnson deserved his public admonishment from the body which is made up of judges, lawyers and members of the public.

In addition to his claims on rape at the sentencing, the judge who has been with the Orange County Superior Court since 2000 also said that the rape was 'technical' and not 'a real, live criminal case.'

'To treat this case like the rape cases that we all hear about is an insult to victims of rape,'the judge said reported the LA Times.

'I think it's an insult. I think it trivializes a rape.'

Judge Johnson has apologised for his comments but the San Francisco based Commission on Judicial Performance said that his comments flew in the face of Californian law, which does not require proof that a rape victim attempted to resist an attack.

'In the commission's view, the judge's remarks reflected outdated, biased and insensitive views about sexual assault victims who do not 'put up a fight,' the agency said in a news release Thursday.

'Such comments cannot help but diminish public confidence and trust in the impartiality of the judiciary. In his response to the commission and at his appearance, Judge Johnson conceded his comments were inappropriate and apologized.'

Johnson remains on the bench.

'Neither Judge Johnson nor I will be making comment,' said Johnson's attorney, Paul S. Meyer

In August, Todd Akin who was a nominee for the Senate in Missouri said during an interview that women don't become pregnant if they are the victim of a 'legitimate' rape while explaining his anti-abortion views on TV.

He told the Jaco Report that it was rare for a woman to become pregnant after being raped because the 'female body has ways to try to shut that whole thing down'.

The GOP senate hopeful was explaining his no-exception rule when it comes to abortion.

'First of all, from what I understand from doctors, (pregnancy from rape) is really rare,' the GOP stalwart told KTVI-TV.

'If it's a legitimate rape, the female body has ways to try to shut that whole thing down.'

He went on to say: 'But let's assume that maybe that didn't work or something. I think there should be some punishment, but the punishment ought to be on the rapist and not attacking the child.'

Todd Akin did not win election to the Senate and is leaving his post as a member of the House of Representatives.