US judge asked rape survivor if "she tried closing legs"
A New Jersey Superior Court judge who asked a rape survivor whether she tried "closing her legs" during the assault is facing three months of suspension without pay. John Russo Jr., who sits on a bench in Ocean County in Southern New Jersey, was investigated for violating Code of Judicial Conduct several times in recent years. He has been on administrative leave since 2017.
Woman sought restraining order against predator, was insulted
The case dates back to 2016 when the woman approached Russo seeking a restraining order against a man who allegedly sexually assaulted her. According to the transcript, which the probing panel went through, Russo asked her demeaning questions. He asked if the woman knew what to do when someone forced himself. The victim replied "no" and "trying to flee" were options.
"Did you close your legs? Did you call the police?"
But Russo continued pressing the victim. He said, "Run away, get away. Anything else? Block your body parts? Close your legs? Call the police? Did you do any of those things?" The committee probing Russo found that his comments were discourteous, inappropriate, and could re-victimize the survivor who sought redress. The hypothetical scenarios weren't required for a restraining order, the committee opined.
Russo didn't think his comments were problematic
Other than insulting the victim, Russo also spoke about the case frivolously with his staff. "What did you think of that? Did you hear the sex stuff?" he reportedly said once. The committee found his comments were "infantile and grossly inappropriate". However, he denied any misconduct on his part and claimed the questions were necessary to "aid the plaintiff in recounting a traumatic event".
Russo changed schedules to suit him, helped his acquaintances
There have been other instances when Russo misused his position. He rescheduled a guardianship hearing to suit his timings. Another time, he didn't recuse himself from a case involving a couple he knew from high school. He overruled the judgment of a lower court, wherein the husband had to pay $10,000 in alimony to his wife. Russo brought down the amount to $300.
Meanwhile, Russo also faces charges of sexual harassment
Separately, a former law clerk Valisha Desir filed a lawsuit last month accusing Russo of sexual harassment. Valisha claimed Russo called her to his office, where he sat with his legs wide open. He repeatedly asked her to come close.
Committee was divided over punishment
Out of the nine members, five said Russo should be suspended for three months. But others claimed he deserved a longer sentence. "Given the severity of this misconduct and its effect on the overall atmosphere in [Russo's] courtroom, we believe a suspension of six months, without pay," they said. Separately, the committee also wants Russo to attend training before returning to the bench.
