A New Jersey judge who asked a woman in a sexual assault case if she tried closing her legs to her attacker was removed from the bench for serious misconduct, says Courthouse News Service. “No witness, alleged victim, or litigant should be treated that way in a court of law,” seven justices of the state Supreme Court held unanimously, ordering the removal of Superior Court Judge John Russo. Russo made the comments in 2016 while presiding over a hearing where a woman sought a restraining order against the father of her child. As the woman was being cross-examined about her testimony of having been forced into sex with the man, Russo took over the questioning and grilled the woman about whether she knew “how to stop somebody from having intercourse with you.”
As the woman provided some answers — saying one could run away, hurt the attacker or tell him to stop — Russo chimed in. “Block your body parts,” Russo said, according to a transcript included in the opinion. “Close your legs? Call the police? Did you do any of those things?” Russo denied the request for a restraining order. Shana Maier, a criminal justice professor at Widener University, said, “Asking an alleged victim if she tried to stop the rape or ‘close her legs’ is victim-blaming and extremely inappropriate.” Chief Justice Stuart Rabner said, “Judges set the tone for a courtroom. Especially when it comes to sensitive matters like domestic violence and sexual assault, that tone must be dignified, solemn, and respectful, not demeaning or sophomoric. Respondent failed in that regard.” Russo’s removal is effective immediately and bars him from ever holding judicial office in New Jersey again.