The commission found that Johnson's view that a victim must resist to be a real victim of sexual assault was his opinion, not the law. Since 1980, California law doesn't require rape victims to prove they resisted or were prevented from resisting because of threats.
In an apology to the commission, Johnson said his comments were inappropriate. He said his comments were the result of his frustration during an argument with a prosecutor over the defendant's sentence.
Johnson said he believed the prosecutor's request of a 16-year sentence was not authorized by law. Johnson sentenced the rapist to six years instead, saying that's what the case was "worth."