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Judge finds Bruce Lehrmann raped Brittany Higgins and dismisses Network 10 defamation case. How did it play out?

<p><em><a href="https://theconversation.com/profiles/brendan-clift-715691">Brendan Clift</a>, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p>Bruce Lehrmann has lost his defamation suit against Channel Ten and journalist Lisa Wilkinson after the media defendants proved, on the balance of probabilities, that Lehrmann raped his colleague Brittany Higgins in Parliament House in 2019.</p> <p>After a trial lasting around a month, Federal Court Justice Michael Lee – an experienced defamation judge – concluded that both Lehrmann and Higgins had credibility issues, but ultimately <a href="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0369">he was persuaded</a> that Lehrmann raped Higgins, as she’d alleged and he’d denied.</p> <h2>Criminal trials by proxy</h2> <p>Ordinarily, charges like rape would be resolved through the criminal courts, but Lehrmann’s criminal trial was <a href="https://www.abc.net.au/news/2022-10-27/jury-discharged-in-trial-of-bruce-lehrmann-brittany-higgins/101583486">aborted</a> in October 2022 after juror misconduct. The charges against him were soon <a href="https://www.news.com.au/national/nsw-act/courts-law/bruce-lehrmann-sexual-assault-charge-dropped-dpp-confirms/news-story/3f82dd388d2cfa38680f7d4f4ceb1c5e">dropped</a>, nominally over concerns for Higgins’ mental health.</p> <p>Higgins, however, foresaw civil proceedings and <a href="https://www.theguardian.com/australia-news/2023/dec/05/brittany-higgins-volunteered-to-be-defamation-trial-witness-as-she-would-not-let-rapist-become-a-millionaire-ntwnfb">offered to testify</a> should they arise. That they did, as Lehrmann, free from the burden of any proven crime, sued several media outlets for defamation over their reporting into the allegations (<a href="https://www.fedcourt.gov.au/services/access-to-files-and-transcripts/online-files/lehrmann">the ABC</a> and <a href="https://www.theguardian.com/australia-news/2023/dec/06/abc-agrees-to-pay-bruce-lehrmann-150000-to-settle-defamation-claim-court-documents-reveal">News Corp</a> both settled out of court).</p> <p><iframe class="flourish-embed-iframe" style="width: 100%; height: 550px;" title="Interactive or visual content" src="https://flo.uri.sh/visualisation/17195035/embed" width="100%" height="400" frameborder="0" scrolling="no" sandbox="allow-same-origin allow-forms allow-scripts allow-downloads allow-popups allow-popups-to-escape-sandbox allow-top-navigation-by-user-activation"></iframe></p> <div style="width: 100%!; margin-top: 4px!important; text-align: right!important;"><a class="flourish-credit" href="https://public.flourish.studio/visualisation/17195035/?utm_source=embed&amp;utm_campaign=visualisation/17195035" target="_top"><img src="https://public.flourish.studio/resources/made_with_flourish.svg" alt="Made with Flourish" /></a></div> <p>Like Ben Roberts-Smith’s <a href="https://theconversation.com/dismissed-legal-experts-explain-the-judgment-in-the-ben-roberts-smith-defamation-case-191503">recent defamation suit</a> against the former Fairfax papers, this became another case of civil proceedings testing grave allegations in the absence of a criminal law outcome.</p> <p>The form of proceedings made for some key differences with the aborted criminal trial. In criminal cases, prosecutors are ethically bound to act with moderation in pursuing a conviction, which requires proof beyond a reasonable doubt, while defendants have the right to silence. By contrast, this trial featured detailed accounts from both sides as each sought to convince, in essence, that their contentions were likely to be correct.</p> <p>Also like the Roberts-Smith case, live streaming of the trial generated very high levels of public engagement. Today’s stream reached audiences of more than 45,000 people. It gave us the chance to assess who and what we believe, and to scrutinise the parties’ claims and the media’s reporting. The Federal Court doesn’t have juries, but we, the public, acted as a de facto panel of peers.</p> <p>We saw accusations and denials, revealing <a href="https://www.abc.net.au/news/2023-12-23/bruce-lehrmann-defamation-trial-network-ten-lisa-wilkinson-ends/103260752">cross-examination</a> of the protagonists, witness testimony from colleagues, CCTV footage from nightclubs to Parliament House complete with lip-reading, expert testimony on alcohol consumption and consent, and lawyers constructing timelines which supported or poked holes in competing versions of events.</p> <p>The complexity of high-stakes legal proceedings was on display, with Justice Lee issuing many interim decisions on questions of procedure and evidence. Whenever transparency was at stake, it won.</p> <p>The preference for full disclosure led to the <a href="https://www.theguardian.com/law/2024/apr/02/bruce-lehrmann-defamation-trial-network-10-fresh-evidence-bid-lisa-wilkinson-brittany-higgins-delay-ntwnfb">case being re-opened</a> at the eleventh hour to call former Channel 7 producer Taylor Auerbach as a witness, providing a denouement that the judge called “sordid”, but which had little relevance to the final result.</p> <h2>An argument over the truth</h2> <p>Lehrmann had the burden of proving that the defendants published matter harmful to his reputation. That matter was Wilkinson’s interview with Higgins on Channel Ten’s The Project in which the allegations were made.</p> <p>A statement is only defamatory if it’s untrue, but in Australian law, the publisher bears the burden of proving truth, should they opt for that defence. And more serious allegations usually require more compelling proof, as the law views them as inherently more unlikely.</p> <p>This can be onerous for a defamation defendant, but it also involves risk for the plaintiff, should the defendant embark on an odyssey of truth-telling yet more damaging to the plaintiff’s image. That happened to <a href="https://www.bbc.com/news/world-australia-65717684">Ben Roberts-Smith</a> and it happened to Lehrmann here.</p> <p>On the other hand, if the media hasn’t done their homework, as in <a href="https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1223">Heston Russell’s case</a> against the ABC (also presided over by Justice Lee), the complainant can be vindicated.</p> <p>This case was a manifestation of Lehrmann’s professed desire to “<a href="https://www.theguardian.com/australia-news/2023/oct/26/how-bruce-lehrmanns-media-interviews-cost-him-his-anonymity-in-toowoomba-case">light some fires</a>”. Few players in this extended saga have emerged without scars, and here he burned his own fingers, badly.</p> <p>As Justice Lee put it, Lehrmann, “having escaped the lion’s den [of criminal prosecution], made the mistake of coming back to get his hat”.</p> <h2>How was the case decided?</h2> <p>Lehrmann denied having sex with Higgins, whereas Higgins alleged there had been non-consensual sex. The defamatory nature of the publication centred on the claim of rape, so that was what the media defendants sought to prove.</p> <p>This left open the curious possibility that consensual sex might have taken place: if so, Lehrmann would have brought his case on a false premise (there had been no sex), but the media would have failed to defend it (by not proving a lack of consent), resulting in a Lehrmann win.</p> <p>That awkward scenario did not arise. The court found sex did in fact take place, Higgins in her heavily-inebriated and barely-conscious state did not give consent, and Lehrmann was so intent on his gratification that he ignored the requirement of consent.</p> <p>Justice Lee found Lehrmann to be a persistent, self-interested liar, whereas Higgin’s credibility issues were of lesser degree, some symptomatic of a person piecing together a part-remembered trauma. The judge drew strongly on the evidence of certain neutral parties who could testify to incidents or words spoken in close proximity to the events.</p> <h2>Defamation laws favour the aggrieved</h2> <p>Australian defamation law has historically favoured plaintiffs and, despite recent <a href="https://www.ruleoflaw.org.au/civil/defamation/2021-law-reform/">rebalancing attempts</a>, it remains a favoured legal weapon for those with the resources to use it.</p> <p>This includes our political class, who sue their critics for defamation with unhealthy frequency for a democracy. In the United States, public figures don’t have it so easy: to win they must prove their critics were lying.</p> <p>In Australia, the media sometimes succeeds in proving truth, but contesting defamation proceedings comes at great financial cost and takes an emotional toll on the journalists involved.</p> <p>Nor can a true claim always be proven to a court’s satisfaction, given the rules of evidence and the fact that sources may be reluctant to testify or protected by a reporter’s guarantee of confidentiality.</p> <p>But this case demonstrates that publishers with an appetite for the legal fight can come out on top.<!-- Below is The Conversation's page counter tag. Please DO NOT REMOVE. --><img style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important;" src="https://counter.theconversation.com/content/225891/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" /><!-- End of code. If you don't see any code above, please get new code from the Advanced tab after you click the republish button. The page counter does not collect any personal data. More info: https://theconversation.com/republishing-guidelines --></p> <p><a href="https://theconversation.com/profiles/brendan-clift-715691"><em>Brendan Clift</em></a><em>, Lecturer of law, <a href="https://theconversation.com/institutions/the-university-of-melbourne-722">The University of Melbourne</a></em></p> <p><em>Image credits: Getty Images </em></p> <p><em>This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/judge-finds-bruce-lehrmann-raped-brittany-higgins-and-dismisses-network-10-defamation-case-how-did-it-play-out-225891">original article</a>.</em></p>

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Bruce Lehrmann revealed as "high-profile" figure accused of rape in Queensland

<p>Former Liberal staffer Bruce Lehrmann has been charged with two counts of rape, relating to an incident alleged to have occurred in Queensland in October 2021.</p> <p>What makes this case even more intriguing is the legal battle over the public identification of the accused. For the first time, the "high-profile man" accused of rape in Toowoomba, west of Brisbane, can be named. This case has raised complex issues surrounding mental health, the administration of justice, and the changing legal landscape in Queensland.</p> <p>The legal saga surrounding Lehrmann's identity took a convoluted path through the Queensland legal system. The matter was first listed in the Toowoomba Magistrates Court in January 2023, but the accused's name remained under wraps. Lehrmann's legal team initially argued for an ongoing suppression order on his name, citing concerns about his mental health. They contended that the risk to his mental health was a fluid and ever-changing factor.</p> <p>However, the Queensland Supreme Court judge, Peter Applegarth, made a pivotal decision on October 26, 2023, rejecting Lehrmann's application for a continued suppression order. He concluded that there was insufficient evidence to establish the necessity of the non-publication order for the defendant's safety.</p> <p>Interestingly, the complainant in the case actively supported the public naming of Lehrmann, contradicting previous laws that prohibited the identification of the accused before committal. This shift allowed media outlets to finally disclose his name as of October 3, 2023. The decision to allow the media to name Lehrmann reflected a growing sentiment in favour of transparency in legal proceedings.</p> <p>Lehrmann's legal team had previously cited concerns about his mental health and submitted a letter from a psychologist mentioning suicidal ideation as part of the suppression order application. While these concerns played a significant role in the legal proceedings, it ultimately was not enough to sway the courts in favour of maintaining the suppression order.</p> <p>This case highlights the intricate interplay between mental health, public safety and the administration of justice. While the legal system must protect the rights of the accused, it also must balance those rights with the public's right to know and the interests of justice.</p> <p>Lehrmann has not yet entered a plea, and he has not been committed for trial, which will play out in the magistrates court. This legal battle will undoubtedly continue to garner attention as it moves forward, both in the courtroom and in the court of public opinion.</p> <p><em>Image: Getty Images</em></p>

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Lisa Wilkinson denies turning to senior politicians over Higgins’ rape allegations

<p>Channel 10 personality and former <em>The Project </em>host Lisa Wilkinson has denied claims that she approached senior level politicians with a request to pose questions about Brittany Higgins’ rape allegations against Bruce Lehrmann during Question Time. </p> <p>The dismissal came in the wake of Channel 7’s <em>Spotlight </em>episode featuring the formerly accused, where a recording of a phone call between Wilkinson, her producer Angus Llewellyn, Higgins, and Higgins’ partner David Sharaz was exposed.</p> <p>During the conversation, which was recorded in January 2021, they were reportedly discussing which politicians they might be able to work with to steer the conversation in parliament, with Wilkinson telling Higgins that she wanted to see her “enunciate the fact that this place [Parliament House] is all about suppression of people’s natural sense of justice”. </p> <p>Sharaz noted that he had a “friend in Labor”, and that Senator Katy Gallagher could “probe and continue it [the conversation] going”. At one stage, Wilkinson went so far as to claim that “certainly Albo” should be considered, though she later went on to retract that, and suggested “Tanya Plibersek, definitely”. </p> <p>And while Sharaz had questioned what Wilkinson hoped to gain from the conversation, Wilkinson assured them that that wasn’t the case. </p> <p>“No. Whether it’s white privilege, male domination, whether it’s, you know, criminal activity. I am from the western suburbs of Sydney. I have always been motivated by exactly the same thing, people who deserve to be heard not being heard,” she explained. </p> <p>Wilkinson had more to say on the matter when it came to the likes of former deputy Liberal leader Julie Bishop, sharing her frustration about the “many opportunities” she had to “speak out against the culture”. </p> <p>“The minute she was out of there [she said], ‘oh it’s really sexist’,” Wilkinson added. “I tried to get her on the record with that so many times when she could’ve actually effected change, and she wouldn’t.”</p> <p>And now, despite the leaked recording - which was handed over by Channel 10 under subpoena during the criminal trial, with more shared on TV than in court - Wilkinson has released a statement to declare that she did not approach the politicians in question. </p> <p>“Nor did I speak to any other politicians, their minders or apparatchiks,” she said.</p> <p>The audio came up during Sunrise as well, when Natalie Barr asked their entertainment commentator, Peter Ford, whether or not the recording might be a problem down the line. </p> <p>“Was that coaching?” she asked. “Or was that a journalist talking before the interview?”</p> <p>Ford agreed that it was a fine line, then added, “but I generally think when someone says, ‘I don’t want to put words in your mouth,’ that is exactly what they want to do.”</p> <p><em>Images: Getty</em></p>

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Never-before-seen CCTV sheds new light into Bruce Lehrmann rape allegations

<p dir="ltr">Bruce Lehrmann, the man who was accused of sexually assaulting former political staffer Brittany Higgins in Parliament House, has shared his take in his first television interview with<em> 7News Spotlight</em>. </p> <p dir="ltr">The rape charge against Lehrmann - which was eventually dropped - could be traced back to March 2019, when both Lehrmann and Higgins were working for Linda Reyonlds, a former defence minister. </p> <p dir="ltr">In the time since, Lehrmann has repeatedly denied the accusations, and continued to do so while speaking to <em>Spotlight</em>’s Liam Bartlett. </p> <p dir="ltr">According to Lehrmann, he was with Higgins and fellow Defence staff members for drinks on the night of the alleged rape, with Lehrmann suggesting that they should move their festivities to a different venue - a nearby club.</p> <p dir="ltr">Their night out continued into the small hours of the next day, and Lehrmann noted that he had suggested sharing a ride home with Higgins, as they both apparently lived in the same direction from the party. </p> <p dir="ltr">As he told Bartlett, he had to grab his keys - as well as file some notes - from the office en route, with the two arriving at Parliament House at around 2am. Lehrmann didn't have his pass, claiming that he “probably just forgot it” as he “wasn’t expecting it to be a big night.”</p> <p dir="ltr">And as he informed Bartlett, he remembered Higgins telling him that she needed to visit the office too, and claimed that he didn’t know why.</p> <p dir="ltr">However, over the course of the rape trial, Lehrmann offered three different reasons as to why he’d had to visit Parliament House. The police were told that he needed his apartment keys, but Parliament House security were told that he had been asked to pick up some documents, ​​ and Reynolds’ then-chief of staff Fiona Brown was told that the two had gone into the office to share whiskey. </p> <p dir="ltr">While that detail is unclear, the episode featured never-before-seen CCTV footage of Lehrmann and Higgins that confirmed the two had been together at both bar and Parliament House. </p> <p dir="ltr">First, the two could be seen at Canberra’s The Dock bar with their colleagues. And then, at 1:47am, they were recorded entering Reynold’s office, before Lehrmann was spotted leaving Parliament House at 2:30am.</p> <p dir="ltr">Lehrmann claimed that once they were let into the office, he and Higgins didn’t exchange any words, and instead parted ways. According to Lehrmann, that was the last he saw of her. </p> <p dir="ltr">He told Bartlett that he hadn’t let Higgins know he was leaving, only for Bartlett to ask why they hadn’t gotten a ride home together. </p> <p dir="ltr">“She didn’t tell me she needed to go home,” Lehrmann said. “She told me she also had to go to parliament.”</p> <p dir="ltr">Bartlett questioned it further, wondering why Lehrmann hadn’t checked in on Higgins, but Lehrmann maintained that his mind “was focussed on getting my keys, noting down what I needed to note down.”</p> <p dir="ltr">And when asked about Higgins being found naked in Reynold’s office, Lehrmann continued to deny the allegations, instead offering that he couldn’t “talk to her because I never saw her again. That was news to me, with the rest of the country.” </p> <p dir="ltr">As Bartlett then pointed out, “you can then see the contradiction in this. She’s naked on a couch, but here you are acting like a Buddhist monk, making post-it note stickers for a minister.”</p> <p dir="ltr"><em>Images: 7NEWS Spotlight / Seven</em></p>

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Lisa Wilkinson launches dispute into Logies speech advice

<p>TV presenter Lisa Wilkinson has lodged a new submission to an inquiry into how the rape trial against Bruce Lehrmann was handled, with a focus on the circumstances surrounding her controversial Logies speech. </p> <p>The probe was announced in 2022 by the ACT government and was to be fronted by Walter Sofronoff KC. At the time of the announcement, it was also stressed that the probe would was about not recontesting Brittany Higgins’ rape allegation, but instead about the conduct of the criminal justice agencies. </p> <p>And in April 2023, <em>news.com.au</em> confirmed that Lisa Wilkinson had made a submission, which had not yet been made public, that outlined her experience with Director of Public Prosecutions Shane Drumgold prior to her speech at the Logie Awards - the same speech that ultimately saw the trial be delayed. </p> <p>As the publication noted, Channel 10 and their lawyers have disputed allegations that the DPP “expressly warned” Wilkinson against her address at the awards ceremony. </p> <p>This was reportedly seen in a letter leaked after the trial - one sent to the ACT Supreme Court - that saw Channel 10’s Executive Vice President Beverly McGarvey declare “neither Ms Wilkinson nor the Network Ten Senior Legal Counsel present at the conference with the DPP on June 15 2022 understood that they had been cautioned that Ms Wilkinson giving an acceptance speech at the Logie Awards could result in an application being made to the court to vacate the trial date.</p> <p>“Had they understood that a specific warning had been given, Ms Wilkinson would not have given that speech.”</p> <p>Wilkinson had been accepting an award for ‘Outstanding News Coverage or Public Affairs Report’ for her coverage of Brittany Higgins’ sexual assault allegations, and in the wake of the former <em>The Project </em>host’s words, the trial was delayed from June until October. </p> <p>Lucy McCallum, ACT Chief Justice, moved the dates “with gritted teeth” after Lehrmann’s defence team made a request following the speech and the intense media coverage that followed. </p> <p>“Unfortunately, however, the recent publicity [of the speech] does, in my view, change the landscape,’’ McCallum said. </p> <p>“Because of its immediacy, its intensity and its capacity to obliterate the important distinction between an allegation that remains untested at law.</p> <p>“For those reasons, regrettably and with gritted teeth, I have concluded that the trial date of 27 June towards which the parties have been carefully steering must be vacated.”</p> <p>Wilkinson had reportedly sought advice from DPP Shane Drumgold in 2021 to go over the evidence that she would present at trial, with a note from the meeting stating that Wilkinson had been given an opportunity to ask any questions she might have had. </p> <p>It was then that Wilkinson brought up her Logie nomination, though she reportedly noted that she didn’t believe she was in with a real chance of winning, as the show was being held by a ‘rival’ television network. </p> <p>As <em>news.com.au </em>reported, the DPP stopped Wilkinson from presenting her speech then and there, as he could neither approve nor offer her any advice regarding it, telling Wilkinson that “we are not speech editors.”</p> <p>“Notwithstanding that clear and appropriate warning, upon receiving the award, Ms Wilkinson gave a speech in which she openly referred to and praised the complainant in the present trial,” Justice McCallum said of the situation.</p> <p>“Unsurprisingly, the award, and the content of the speech have been the subject of further commentary.”</p> <p><em>Images: Getty</em></p>

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Stunning developments in rape trial of Bruce Lehrmann

<p dir="ltr">The jury in the rape trial of Bruce Lehrmann has been dismissed with no verdict after a juror accessed material that was not admitted in court.</p> <p dir="ltr">Mr Lehrmann has pleaded not guilty of raping former Liberal staffer Brittany Higgins in Parliament House after a night out drinking in March 2019.</p> <p dir="ltr">The trial ran for 12 days with 29 witnesses taking the stand before the jury was asked to deliberate on the evidence.</p> <p dir="ltr">A few days after the trial ended, the jurors could not reach a verdict but were urged by the judge to go back and come to a conclusion.</p> <p dir="ltr">Chief Justice Lucy McCallum then notified the court on October 27 that a juror had accessed evidence that was not presented in court.</p> <p dir="ltr">All 12 jurors were called into the ACT Supreme Court and questioned after an academic paper that reported on how often false rape accusations were made was found.</p> <p dir="ltr">"During routine tidying of the jury room by three sheriff's officers after the conclusion of proceedings yesterday, one of the officers accidentally bumped one of the juror's document holders onto the floor," she said, ABC reported.</p> <p dir="ltr">She said she had no other choice but to dismiss the jurors despite warning them “at least 17 times” to only discuss the points said in court.</p> <p dir="ltr">"You must not try to undertake your own research," she said she told them.</p> <p dir="ltr">"You must rely exclusively on the evidence you hear in this courtroom.</p> <p dir="ltr">"If you are learning something about this trial, and I'm not there, then you should not be doing it."</p> <p dir="ltr">Despite dismissing the jurors, Justice McCallum thanked them and told them that their time was not wasted.</p> <p dir="ltr">"This may come as a frustration to you after the hard work you all put in, and I want to convey my extreme gratitude," she said.</p> <p dir="ltr">"I don't want you to leave court thinking this has been a waste of time."</p> <p dir="ltr">Mr Lehrmann was granted bail until the new trial which is scheduled for February 20, 2023.</p> <p dir="ltr">Outside the court, an emotional Ms Higgins then delivered a tearful speech in which she said she “chose to speak up” to help others who were in a similar situation.</p> <p dir="ltr">As a result, Mr Lehrmann’s lawyers are now seeking urgent legal advice from police over whether Brittany Higgins' speech outside the ACT Supreme Court could constitute contempt of court.</p> <p>Mr Lehrmann’s defence barrister Steve Whybrow later confirmed In a statement that he had referred the matter to police.</p> <p>“When we left Court this morning, I indicated to the gathered media that given this matter was ongoing and a date of 20 February 2023 had been fixed for any retrial, it would be both inappropriate and irresponsible to make any further comment at this stage,” the statement read.</p> <p>“I understand the complainant and other members of her support team were all seated in Court this morning when the Chief Justice discharged the jury and made strong comments about people making statements or comments that could prejudice a fair trial.</p> <p>“Notwithstanding Her Honour’s admonition, the complainant proceeded to give what appears to have been a pre-prepared speech to the media outside the Court.”</p> <p>“We have brought these comments to the attention of the Court and the Australian Federal Police, and it is not appropriate for Mr Lehrmann or his lawyers to make any comment as to whether the complainant’s statements might amount to a contempt of court offences against the ACT Criminal Code.</p> <p>“I urge all media to show restraint in reporting this matter and in particular in republishing the statements made by the complainant.</p> <p>“Neither Mr Lehrmann nor his lawyers will be making any further comment on this matter at this stage.”</p> <p dir="ltr"><em>Images: ABC</em></p>

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Lisa Wilkinson’s “rules” during rape trial

<p dir="ltr">Lisa Wilkinson has been given a set of “rules” she is required to adhere to while appearing on <em>The Project</em> during the trial for the alleged rape of former Liberal political staffer Brittany Higgins.</p> <p dir="ltr">The former Liberal staffer’s court case began on October 4 in the ACT Supreme Court in which Bruce Lehrmann is accused of allegedly raping Ms Higgins.</p> <p dir="ltr">He has pleaded not guilty to the charges as the case continues.</p> <p dir="ltr">The trial was delayed following <em>The Project</em> host’s explosive Logies speech in which she spoke about the case that she is due to give evidence at.</p> <p dir="ltr">Since the case began, a source has claimed that Wilkinson has been given a set of “rules” she needs to follow as she appears on the Channel 10 news show.</p> <p dir="ltr">One of the rules is that Wilkinson is not allowed to read the news headlines while the trial is going ahead, <a href="https://www.theaustralian.com.au/business/media/the-project-issues-rules-for-lisa-wilkinson-ahead-of-rape-trial-court-appearance/news-story/48a2446175310149853e13d87a2d2d1b" target="_blank" rel="noopener">The Australian</a> reported.</p> <p dir="ltr">Another rule is that the host will not appear on The Project on the days that she is scheduled to give evidence.</p> <p dir="ltr">Her co-hosts Waleed Aly and Carrie Bickmore are also advised not to engage in discussions about the case other than reading headlines.</p> <p dir="ltr">Further to this, Wilkinson will continue to appear on the show on Sunday, Thursday and Friday.</p> <p dir="ltr">Wilkinson has been the topic of conversation during the trial, including her husband Peter Fitzsimmons who offered to represent Ms Higgins.</p> <p dir="ltr"><em>Image: Getty</em></p>

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Olympic swim champ arrested after sex with a minor

<p dir="ltr">French swimming champion Yannick Agnel has admitted to having sex with a minor, a prosecutor said on Monday.</p> <p dir="ltr">The 29-year-old, who won two gold medals at the London 2012 Olympics, was arrest at his Paris home last week on suspicion of rape and sexual assault, and taken into police custody.</p> <p dir="ltr">Agnel “recognises the substance of the allegations against him,” Mulhouse public prosecutor Edwige Roux-Morizot told a press conference, adding the swimmer did not “sense that there was coercion”.</p> <p dir="ltr">The prosecutor said the facts constituted “rape or sexual assault as there is a big gap in age” between him and the plaintiff, who has been named as Naome Horter: the teenage daughter of Agnel’s swimming coach.</p> <p dir="ltr">The assault is alleged to have taken place in 2016, when the girl was 13 and Agnel was 24.</p> <p dir="ltr">During the criminal investigation, the French Swimming Federation (FFN) announced they would also be launching a civil action case.</p> <p dir="ltr">“The Federation has been informed of the admission by Mr. Agnel of ‘the substance of the allegations of which he is accused’. The decision was officially taken today to become a civil party before the judicial court of Mulhouse in this case, which the Federation deeply deplores.”</p> <p dir="ltr">Rising to prominence in 2010 after setting a French championship swimming record, Agnel went on to win gold in the 200m freestyle and 4x100m freestyle relay at the London 2012 Olympics.</p> <p dir="ltr">He went to Rio in 2016 to defend his title, but failed to advance through the heats, and later announced his retirement from swimming.</p> <p dir="ltr"><em>Image credits: Getty Images</em></p>

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Death and rape threats": Sam Armytage opens up on career low point

<p><em>Image: Channel 7 </em></p> <p>Sam Armytage has opened up about one of her most memorable moments as a co-host of Sunrise: the widely panned Sexy and the City skit featuring Kristin Davis that left viewers cringing in 2016.</p> <p>Reflecting on the moment she was pushed by producers to a don a Carrie Bradshaw wig on live television, Sam said the swift fallout included “rape and death threats” that left her terrified in her own home.</p> <p>At the time, Davis, who plays Charlotte in SATC, was in Sydney as an ambassador for the United Nations High Commissioner for Refugees, and looked visibly taken aback when Sam tossed her a script to re-enact a scene with Edwina Bartholomew as Samantha and Nat Barr as Miranda.</p> <p>Muttering, “I don’t know if this is a great idea, frankly”, Davis later tweeted in response to a Sydney Morning Herald opinion piece which called the segment “gender-cringe TV at its worst”.</p> <p>As a result, Sam was dropped as the MC for a UNCHR event.</p> <p>Speaking on Chris Walker’s Brains Trust podcast this week, Sam opened up about the fallout of the failed comedy segment, revealing that she didn’t want to do the skit to begin with.</p> <p>She began discussing her life in the spotlight as a Sunrise host, which she hosted opposite David Koch for eight years, before leaving the role in March.</p> <p>In the interview, she said many days she’d find herself worrying about the day ahead from the moment she woke up.</p> <p>"There were quite a few days in there where you’d wake up, and that split second when your eyes open and you think, ‘What giant sh*t storm is going to hit today?’”</p> <p>Using Kristin Davis situation as an example, she went on to describe her confusion over being the one to bear the brunt of the backlash, despite the skit also involving Nat Barr and Edwina Bartholomew.</p> <p>Calling the skit “dumb” she said, “Guess who got blamed for it? Me. I just sort of sat there and thought, why is all this stuff only happening to me?” she said, going on to explain how hesitant she was to go ahead in the first place.</p> <p>“The day before that upstairs in the office when the producers were like ‘We’re gonna do this tomorrow,’ I just thought, ‘Really? That’s so lame.’"</p> <p>“I’d have days where I was like….I’ve got a journalism degree, do I really have to do this stuff?’ But you do it because it's your job."</p> <p>“It’s not the 7:30 report, I wasn’t under the illusion we had to be totally serious all the time. It but was the reaction to it that got me … it was very wearing, I had many moments where I was deeply upset and I had many, many times where I would call my mum in tears,” she explained.</p> <p>When pressed for details on the extent of the backlash, Sam admitted it was “stuff you couldn’t even write”, including “death and rape threats”.</p> <p>“It actually shocks me and saddens me that I became immune to that. Other people would be horrified whereas I had to go … ‘This is part of my life’.</p> <p>“There were many times we had to have police outside my house, my house in the country was vandalised six times.</p> <p>“You get to a point where you don’t feel safe (in your own home) which is part of the reason why I sold it in the end.</p> <p>“(I was) living on my own with the dog and it was very, very unsafe at times. I’m not a Kardashian, I didn’t go into this to be famous … I’m a journalist by trade, so I just decided to step back and reset my life,” she concluded as the reason she resigned.</p> <p>The 44-year-old left her role on the Channel 7 breakfast program in March after eight years at the helm, with Nat Barr taking on her role.</p>

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Christian Porter says he’s a victim of ‘vile abuse’

<p>Christian Porter has released a statement claiming he’s been the victim of vile abuse from the "angry mob" on Twitter and he's tendered his resignation which Scott Morrison revealed on Sunday he has accepted.</p> <p>The Prime Minister said he’s accepted Porter’s resignation after Porter decided to accept a substantial cash donation from an anonymous donor to pay his legal bills and he could not give more information on where the money was coming from. <span style="font-family: 'Arial',sans-serif;">Porter told Morrison the donor who had provided him with financial support had done so on the condition of anonymity. </span></p> <p>Morrison added if he had more information on Porter’s source of funding it “would allow the Minister to conclusively rule out a perceived conflict.”</p> <p>In a video released on Sunday, Morrison confirmed Industry Minister Christian Porter had tendered his resignation from the ministry and he has accepted it. Morrison said this was a difficult decision but it was about “upholding” the ministerial guidelines.</p> <p>He then said the “appropriate course of action to uphold those standards” has been upheld by Porter “tendering his resignation as a minister this afternoon, and I have accepted his resignation.”</p> <p><img style="width: 0px; height: 0px;" src="/nothing.jpg" alt="" data-udi="umb://media/ab2e27483c544847aa9ec49ce7480b5b" /><img style="width: 500px; height: 280.8988764044944px;" src="https://oversixtydev.blob.core.windows.net/media/7844194/christian-porter-scomo-um.jpg" alt="" data-udi="umb://media/ab2e27483c544847aa9ec49ce7480b5b" /></p> <p>Morrison continued saying: “His actions have been about upholding the standards. Our discussions today were about upholding the standards. We believe they are incredibly important, and it is not just about actual conflicts, it’s about the standards for ministers to have an obligation to avoid any perception of conflicts of interest that is ultimately what has led the Minister to make that decision this afternoon.</p> <p>“I want to thank Minister Porter for his service in my government, I want to thank him for his service as the Minister for industry, science and technology, and I want to thank him for his role as Attorney-General for several years, not only under my government but under my predecessor.”</p> <p>The Prime Minister will appoint Angus Taylor as the acting Minister for Science and Technology.</p> <p><strong>Porter releases statement following resignation</strong></p> <p>In his own statement which he released after handing in his resignation, Porter said he was the victim of vile abuse over the “false allegations” that he had raped a woman as a teenager and the “trial by media” that had unfolded had set a new and disturbing standard in Australia. He also revealed that he only "recently" discovered the <span style="font-family: 'Arial',sans-serif;">surprising news that he was the beneficiary of a blind trust of substantial value from an anonymous donor.</span></p> <p><span style="font-family: 'Arial',sans-serif;">Porter faces legal bills in the range of $600,000 to $1 million after he launched and then discontinued a defamation case against the ABC over historical rape claims which he strongly denies. His accuser died by suicide last year just 24 hours after she rang police and told them she didn’t wish to proceed with a complaint.</span></p> <p>Porter has not yet said if he plans to return the money now that he is no longer governed by the ministerial standards. However, Labor MPs indicated this matter could now be referred to the privileges committee of Parliament which governs such disclosures.</p> <p>In his statement Porter said: “On 26 February 2021, I was the subject of an allegation in an article published by the ABC that was not true. That article depicted events that never happened and which the ABC, in settlement of a defamation case, acknowledged was an allegation that could not be substantiated to the applicable legal standard – criminal or civil,’’ Mr Porter said.</p> <p>“As I tried my best to say at a media conference shortly after the allegation was reported, the initial article and subsequent media reporting has created a new standard under which literally any Australian can be the subject of an accusation widely published and, without due process or fairness, be tried and judged in a trial by media.</p> <p>“After my experience it now seems to be a part of modern public life that if you are a politician, particularly a conservative politician, a mere allegation is considered enough to warrant an accusation being widely published, regardless of its inability to be proven to a civil or criminal standard. From the moment the ABC article was published, I entered what appears to me now to be an inescapable media frenzy where the evidence, or in this case lack of it, appeared to be irrelevant. Instead, all that appeared to matter was the presence of an accusation.</p> <p>“To my disbelief, even in some mainstream media the onus of proof was completely reversed. <em>The Sydney Morning Herald </em>summed up the new reversed standard of proof in its declaration just days after the ABC article was published that: ‘It’s up to the Government to convince Australians that the Attorney General is innocent.’</p> <p>“It is almost impossible – for anyone – to prove that something did not happen, let alone to positively disprove what are at times completely bizarre allegations about something claimed in an unsigned document about a night 33 years ago, where the person withdrew the complaint and is now sadly deceased. From that point, when the reporting on both social media generally, and in parts of the mainstream media, shifted from a presumption of innocence to one of guilt, an impossible standard was set for any person to meet – politician or not.”</p> <p><strong>Porter stated he there was evidence to show the allegations against him lack credibility</strong></p> <p>Porter said there was evidence that he believed would demonstrate the allegations lack credibility: “The most frightening indicator that the public broadcaster was central to this shift to a presumption of guilt in a trial by media is the fact that the ABC – seemingly with great care and effort – has reported only those parts of the information that it has in its possession which feeds into its narrative of guilt,’’ he stated.</p> <p>“I have recently been provided from a source outside the ABC with a copy of the only signed document that the person who made and subsequently withdrew the complaint ever made. Many parts of that 88-page document are such that any reasonable person would conclude that they show an allegation that lacks credibility; was based on repressed memory (which has been completely rejected by courts as unreliable and dangerous); which relied on diaries said to be drafted in 1990/91 but which were actually words composed in 2019; and, was written by someone who was, sadly, very unwell.</p> <p>“This material, which remains unreported, clearly does not feed the ABC’s predetermined narrative of guilt by accusation. And presumably because this document detracts so substantively from the credibility of the allegations there has been careful and deliberate avoidance in reporting it or publishing the parts of it that run counter to the chosen narrative.</p> <p>“Having set in motion its trial by accusation, the ABC unleashed the Twitter version of an angry mob. In this online mob environment the mere accusation – reported by Australia’s national broadcaster – was determined adequate to assign guilt, with no regard to evidence or, indeed, lack of evidence. All that seemed to matter was the fact that the accusation had been made and the identity of the person accused.</p> <p>“The target of the Twitter mob then extended to anyone who contradicted the narrative of guilt by accusation. So fierce and vengeful is the response of the Twitter mob to anyone who dares say anything contrary to the narrative of guilt that those people then come to be deemed to commit a form of social crime for defending the subject of the unproven allegation and the mob turns on them. This happened to my two female lawyers, amongst many others.</p> <p>“The journalists who said anything in support of what were once accepted principles of due process, rule of law and presumption of innocence in the context of the accusations against me felt the full force of the Twitter mob.”</p> <p>Porter said the donors who had provided him with financial support had done so on the condition of anonymity.</p> <p>“Thousands of ordinary people contacted me, expressing disgust at what the ABC had done. Even though I suspected action against the taxpayer-funded broadcaster was probably going to be financially unsustainable, as it ultimately was, I decided I had to commence action against the ABC. Some people wanted to help in that course by supporting my defamation case. They contributed to a Trust on the basis of confidentiality and a belief that their contribution would remain confidential within the rules of disclosure.</p> <p>“Whilst I have no right of access to the funding or conduct of the Trust, on my request the Trustee provided me an assurance that none of the contributors were lobbyists or prohibited foreign entities. This additional information was provided as part of my Ministerial disclosure. No doubt the desire of some, possibly many, of those contributors to remain anonymous was driven by a natural desire to avoid the inevitable fact that for supporting me, the trial by mob would inevitably turn on them if they were identified.</p> <p>“Facing a false allegation is an experience that places your family, friends and staff under enormous and cruel pressure. It has resulted in constant abuse and ongoing threats. For me personally, the physical threats of violence, the experience of being spat at and publicly abused for something I didn’t do has been nearly beyond comprehension in a civilised country. To my family, friends, staff, colleagues and supporters who have helped me get through these most difficult days, words will never be able to adequately express the deep gratitude I feel.”</p> <p>The former Attorney-General said he was confident that his disclosures to Parliament on the donors was proper and complied with the rules.</p> <p>“I understand the questions raised in the media about the financial arrangements to help fund the now settled litigation. But I consider that I have provided the information required under the Members’ Register of Interests. I also considered that the additional disclosures I provided under the Ministerial Standards were in accordance with its additional requirements,’’ he said.</p> <p>“However, after discussing the matter with the Prime Minister I accept that any uncertainty on this point provides a very unhelpful distraction for the Government in its work. To the extent that that uncertainty may be resolved by seeking further information in relation to the identities of the contributors, this would require me to put pressure on the Trust to provide me with information to which I am not entitled. I am not prepared to seek to break the confidentiality of those people who contributed to my legal fees under what are well-known and regular legal structures, including the confidentiality attached to the Trust contribution.</p> <p>“Ultimately, the Prime Minister is a person for whom I have great personal and professional respect. But fully understanding the consequences, where I am not willing to put pressure on the Trust to provide me with any further information, I respectfully informed the Prime Minister that I would not place pressure on the Trust to provide me with information to which I am not entitled. I explained my reason for this was that I could not assist any process that would ultimately allow people who have done nothing wrong to become targets of the social media mob and I would continue to respect their position.</p> <p>“Ultimately, I decided that if I have to make a choice between seeking to pressure the Trust to break individuals’ confidentiality in order to remain in Cabinet, or alternatively forego my Cabinet position, there is only one choice I could, in all conscience, make. Consequently, I provided the Prime Minister with my resignation earlier today. It is effective immediately.”</p> <p><strong>Porter still plans to contest the next election</strong></p> <p>“My greatest privilege has always been to serve the people of Pearce as their representative in the Australian Parliament since 2013 and to be re-elected by them in 2016 and 2019,’’ he said.</p> <p>“I have previously stated my determination to contest the next election in Pearce and have nominated for preselection, and I have no intention of standing aside from my responsibilities to the people of Pearce.”</p> <p><em>Images: Getty Images</em></p>

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Christian Porter rape allegation documents released by Federal Court

<p><strong>WARNING: Graphic and confronting content.</strong></p> <p>An old friend of the Adelaide woman who accused Christian Porter of rape has revealed the reason why she believed her and what she registered as "sinister" elements of her allegations.</p> <p>In new documents released by the Federal Court on Thursday, a transcript of Jo Dyer's previously unpublished interview with ABC journalist Louise Milligan has detailed when she discovered that her old school friend alleged she had been anally raped by Mr Porter as a teenager.</p> <p>Mr Porter denies the allegation and is suing the ABC for defamation who reported a cabinet minister was accused of a 1988 rape, although it did not mention his name. He has since discontinued the case.</p> <p>The documents released by the Federal Court also include the "dossier" including the accuser's account of the allegations in her own words.</p> <p>His accuser died by suicide on June 24, 2020, with friends and supporters marking the one-year anniversary of her death on Thursday by lighting "candles for Kate".</p> <p>In a transcript released by the Federal Court, Milligan asks Ms Dyer, “What made you think that K was telling the truth?”</p> <p>“There are a number of reasons why I thought K was telling the truth,’’ she said.</p> <p>“First and foremost was the story that she told was so clear and so consistent and so detailed. I believed the story. Secondly, really, the incident as she described it was not … the acts that she described were not something that a 16-year-old virgin would consent to.”</p> <p>Due to the nature of the alleged events described, Ms Dyer said she found it hard to believe it could have been consensual.</p> <p>Mr Porter denies having sex with the teenager and has previously stated: “Nothing in the allegations that have been printed ever happened.”</p> <p>When recounting her version of events, the woman states the encounter started off as consensual.</p> <p>She claims Mr Porter asked her for a "pearl necklace", which she agreed to despite not knowing what it was.</p> <p>She then alleges he forced her to have oral sex.</p> <p>After she vomited on her dress, she alleged he took her to a bathroom and washed her. When she woke up later in the evening, she alleged he was anally raping her.</p> <p>“So there was no ambiguity, it seemed to me, as to whether or not this was a consensual act that got out of hand or anything of that nature,” Ms Dyer told the ABC, according to the transcript released by the court.</p> <p>“It seemed to me that it was an aggressive and violent act, that no 16-year-old having her first sexual encounter would sign up for.</p> <p>“Thirdly, there was a level of sinister detail in it which seemed to me that once the act had occurred and K had resisted that there was strategic thinking around it by C to cover up the evidence. He – K told me – that while she was practically hysterical, and gave her a bath.</p> <p>“They were staying at the Women’s College at the University of Sydney. They were shared bathrooms. Why on earth would you do something like that? After a so-called consensual sexual encounter. You wouldn’t go traipsing down the hallway to a shared bathroom in the middle of the night or early in the morning?”</p> <p>In the accuser’s unsigned affidavit however, she is unclear whether he took her to a bath or a shower.</p> <p>Ms Dyer told the ABC that Mr Porter and his accuser had been out drinking, partying, until very late one night as teenagers after a debating conference.</p> <p>“They were walking back to the university campus, C offered to walk K back to her college. He had been cracking on to her a bit. She wasn’t interested in his advances, she wasn’t in that mood, late at night. But, he walked her back to her room. Came into the room, they started kissing, she was reluctant, but no harm in a kiss.</p> <p>“At a certain point, she moved away, she resisted. She said she was not interested in pursuing anything further. C was not going to take no for an answer. I think he thought – the way she described it, there was a lot of alcohol involved, I think he thought he could persuade her as they went along.</p> <p>“There was increasing sexual activity. He was quite repulsive in the language that he used during the encounter. She resisted more strongly because of this. It was very clear, the way she described it, there was no ambiguity as to whether or not she was consenting.</p> <p>“And at a certain point, he raped her, and he raped her anally. When he finished, she was incredibly distressed, hysterical almost, in tears, on the bed, he was trying to calm her down. At a certain point, he suggested that the best course of action would be for her to take a bath. Throughout that time, he was seeking to comfort her. And the way in which he did this was to stroke her and tell her that it was all going to be OK because this was just a bad dream.</p> <p>“She was a virgin. She had not had sexual experiences. She was not a sexually experienced person. She never viewed this – in later discussions, she never viewed this as the way she lost her virginity.”</p> <p>Ms Dyer also states in the transcript when she connected with the woman some years later she was a different person.</p> <p>“In the world of debating, there were many stars shining in the firmament. But K really shone the brightest, or certainly one of the brightest,’’ she said.</p> <p>“And she did not achieve everything that the potential that she showed back then would have suggested that she would.</p> <p>“When we reconnected, K was a very different person. She was consumed with a trauma which she told me, deeply and consistently, was a result of an assault that had occurred, early in 1988, and her life at that point was really devoted to exploring how she could get some kind of justice, accountability and peace from that.</p> <p>“And I guess finally, her life was derailed.”</p>

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Christian Porter moves to strike out sections of ABC defence

<div class="post_body_wrapper"> <div class="post_body"> <div class="body_text redactor-styles redactor-in"> <p>Former Attorney-General Christian Porter's lawyers have applied to keep radio and television broadcasting company<span> </span><a rel="noopener" href="https://www.abc.net.au/news/2021-05-06/christian-porter-applies-strike-out-parts-abc-defence-defamation/100122360" target="_blank"><em>The ABC</em>'s</a><span> </span>defence confidential.</p> <p>There's also a hearing into whether parts of the<span> </span><em>ABC's<span> </span></em>defence should be struck out entirely.</p> <p>Porter is suing the<span> </span><em>ABC<span> </span></em>as well as journalist Louise Milligan in the Federal Court after a story about an anonymous letter being sent to the Prime Minister contained a historical rape allegation from 1988.</p> <p>The article did not name the Attorney-General as the subject of the complaint, but Porter's team claimed that he was easily identifiable.</p> <p>Nearly a week after the article was published, Porter came forward and identified himself.</p> <p>The woman who made the claims has since taken her own life.</p> <p>As the case is being heard in Federal Court, Porter can ask the court to strike out parts of the<span> </span><em>ABC's<span> </span></em>defence on a range of grounds, including that the defence contains scandalous, frivolous or vexatious material or is likely to cause prejudice or embarrassment.</p> <p>The<span> </span><em>ABC<span> </span></em>filed its defence with the court on Tuesday, but it has not yet been made public due to Porter's lawyers applying to have some of the material omitted.</p> <p>In a statement, the<span> </span><em>ABC<span> </span></em>says it "supports having all materials in these proceedings, which are in the public interest, open to public scrutiny".</p> </div> </div> </div>

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Scott Morrison breaks down as more "shameful" allegations emerge

<p>Scott Morrison has broken down in tears as he described his wife, mother and daughters as "the centre of his life".</p> <p>In an emotional press conference, the Prime Minister said women have to put up with a lot of "crap" throughout their life and said he was disgusted by a month of revelations over alleged rapes and "disgusting behaviour" by men at Parliament House.</p> <p>A Liberal staffer was sacked on Monday after Channel 10 exposed an image of him performing lewd acts on a female MP's desk to a group of other staffers.</p> <p>This is just one of the many scandals that have occurred recently in Parliament.</p> <p>Morrison acknowledged it had been a "traumatic month" in Parliament after former Liberal staffer Brittany Higgins spoke out about her alleged rape by a colleague in the building in 2019.</p> <p>“Criticise me if you like for speaking about my daughters, but they are the centre of my life,’’ he said.</p> <p>“My wife is the centre of my life. My mother, my widowed mother is the centre of my life. They motivate me every day on this issue. They have motivated me my entire life, they have taught me the values and the faith that sustains me every single day in this job.</p> <p>“Which is why I am here, I owe them everything. And to them I say to you girls, I will not let you down.</p> <p>“To the many other women who are in this place, who have shared their stories with me, I thank you for your feedback, your honesty, your support, your counsel, and your courage.</p> <p>“I know there are plenty of women who work in this building today, whether they be members or senators, investors, shadow ministers, staff, journalists, who say ‘Why should I bother? Why should I bother? Why should I not just walk away?’</p> <p>“There has never been a more important time for women to stand in this place. I want to see more women in this place, I have done anything to get more women in this place and I intend to do more.</p> <p>“I have put more women in my cabinet than any other Prime Minister has before, and I look forward to doing more. I need women to stand with me.”</p> <p>Mr Morrison said he would address all staff today about the revelations that men had filmed themselves masturbating on female MPs desks.</p> <p>The Prime Minister said many good women and men worked at Parliament House.</p> <p>“We must get our House in order,’’ he said.</p> <p>“Women have been putting up with this crap all their lives.”</p> <p>The PM then revealed he was open to the idea of quotas to increase the number of female Liberal MPs, an idea that has been pushed back for decades.</p> <p>“My colleagues know well that I am very open to these questions. I have had some frustrations about trying to get women preselected for running for the Liberal Party to come into this place,’’ he said.</p> <p>“When it comes to that issue, I don’t hold the other reservations. Why? I think other Liberals will come to this view over the point of time. We tried it the other way and it isn’t getting us the results so I would like to see us do better on that front.”</p> <p>The Prime Minister said he was considering the issue of consent education in schools and greater funding for rape crisis centres.</p> <p>“All of the above, and more, and if you go across the fourth National action plan, and a Social Services Minister I had responsibility for earlier national action plans, they include all of these things,’’ he said.</p> <p>“Is important to remember that these action plans are done together with the states and territories and many of the services delivered are also delivered by the states, so this is something we generally have to do together, and we have been doing together.</p> <p>“But I would urge that the path we have to go down is one that we have to go down together. This is not an issue that should be the subject of partisan contest, it really shouldn’t. That will slow us down, that will not get the outcomes.”</p>

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"Best ever" Q&A strikes a chord across the country

<p>It was the conversation Australia needed to have and many were applauding Q&amp;A's discussion on Thursday night of sexual violence and consent.</p> <p>The show was praised for presenting one of its best programs ever, with those on social media praising the respectful panel and compelling debate on issues like pornography, non-verbal consent and whether single-sex schools were problematic.</p> <p>Director of advocacy at Rape and Sexual Assault Research and Advocacy, Saxon Mullins set the tone for the show by opening the discussion with a speech on her story.</p> <p>Ms Mullins has given up her anonymity in the past as she appeared on Four Corners in 2018 where she told the story of her 2013 sexual assault.</p> <p>Her search for justice ended after two trials, two appeals, an acquittal and “no resolution for me”, Ms Mullins said.</p> <p>“Coming out of a four-year ordeal without closure left me feeling dejected, untethered and determined to tell my story,” she said.</p> <p>“I did not give consent. But the court found there was the mistaken belief that consent was given.</p> <p>“I was labelled an unreliable witness to my own story.</p> <p>“My case triggered a landmark review of sexual assault laws and reignited an ongoing conversation.”</p> <p>Later in the program, Ms Mullins was asked whether she recommended people to come forward with their own experiences given the scrutiny women face. She said she tried to understand how each survivor is feeling.</p> <p>“It’s really personal to every survivor, what they see as justice,” she said.</p> <p>However, she said she didn’t think she would be a massive advocate for going through the police and court process.</p> <p>“It’s a brutal system,” she said.</p> <p>Ms Mullins said that a full-scale reform is needed when it comes to specialist courts and the police force.</p> <p>“Just as an individual, I think most people can never know what you went through. How close does it come to breaking you?” host Hamish Macdonald asked.</p> <p>Ms Mullins answered: “I don’t think it comes close. I think it just does.”</p> <p>Her emotional response seemed to hit a nerve with Macdonald, who said: “I’m really very sorry to hear that, Saxon. Thank you for sharing with us tonight”.</p> <p>The program started off by discussing the NSW Police chief's idea for a consent app, of which broadcaster and author Yumi Stynes said: "It stinks".</p> <p>“If you can be coerced into sex, you can easily be coerced into ticking a box,” she said.</p> <p>Stynes, who is writing a book about consent, said children should be given information early, before puberty hormones begin mucking with their brains.</p> <p>She explained how she uses a “safe word” — a concept more often associated with BDSM — when tickling her children, to help them understand the concepts around consent.</p> <p>Stynes said tickling was intimate, involved touch, was fun, and done between two people, which is similar to sex.</p> <p>“There’s always a point with a kid when they start to go ‘I’m kind of hating this. I’m terrified, I’m going to vomit, I’m going to pee myself’.</p> <p>“And they want to call stop but a lot of their body language is confusing because they also seem to be enjoying themselves.</p> <p>“In those instances that’s a really good opportunity for the people who are doing the tickling, which is generally a carer or an older person to say, ‘Do you want me to stop?’”</p> <p>She said this helped the child to realise they had agency over their body and if they say stop, you’ll listen.</p> <p>Her children also use the words “pineapple” or “eggplant” so she knows for sure they need a time-out.</p> <p>“A safe word conversation in a sexual context is really good because it means at the start of an intimate encounter you’re already talking about consent and setting something up that gives you an escape hatch,” she said.</p>

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Christian Porter categorically denies rape allegations: "It's just not true"

<p>Attorney-General Christian Porter has denied any allegations of rape.</p> <p>Mr Porter categorically denied that he raped a 16-year-old girl in January 1988 and announced his intentions to go on leave but remain in cabinet.</p> <p>With tears in his eyes, he told reporters and the public: “The things that have been claimed to happen did not happen. I do not mean to impose anything more upon your grief. </p> <p>“I hope that you will also understand that because what is being alleged did not happen. I must say so publicly.”</p> <p>The Attorney-General said he will not go into detail about the allegations made against him out of respect for the family of the accuser who took her own life in 2020.</p> <p>The investigation was suspended in June after the woman committed suicide.</p> <p>“I remember it as a happy time, it was 33 years ago,” he said when recollecting his version of the allegations made against him.</p> <p>Porter has rejected calls for an inquiry into the allegations made against him as he said it would be impossible to disprove something that “didn’t happen 33 years ago.”</p> <p>The Attorney-General also lashed out against what he said was a trial by media against him.</p> <p>He begged the public to believe that his side of the story, saying: “If you could just imagine, and I know that we’re all cynics and this is a hard and tough environment, but just imagine for a second that it’s not true, that for whatever the recollection and belief that I’m sure was strongly held, it’s just not true, just imagine it for a second.”</p> <p>Journalists at the press conference asked Porter, who confirmed he would be going on leave, if he could survive politically, to which he responded: “I’m not commentating on survival and politics... it just did not happen,” he said.</p> <p>His statement follows after NSW Police announced they would not be proceeding with the investigation as they did not have enough admissible evidence to proceed.</p> <p>The woman alleged that the rape took place in Sydney in January 1988 and came forward with the claim to NSW Police in February of 2020.</p> <p>South Australian Police is currently investigating the woman’s death in her home city of Adelaide on behalf of the state coroner.</p> <p>While the alleged victim did come forward with a lengthy statement that documented her ordeal, the NSW Police said she did not provide a formal witness statement and there was no evidence to continue the investigation.</p> <p>“Following the woman’s death, NSW Police came into possession of a personal document purportedly made by the woman previously. NSW Police have since sought legal advice in relation to these matters,” the police said.</p> <p>“Based on information provided to NSW Police, there is insufficient admissible evidence to proceed. As such, NSW Police Force has determined the matter is now closed.”</p>

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Daughter unmasks sadistic Melbourne paedophile father

<div class="post_body_wrapper"> <div class="post_body"> <div class="body_text redactor-styles redactor-in"> <p>Landmark new laws in Victoria will allow tens of thousands of Victorian rape survivors to self-identify in the media, with the woman who started the #LetUsSpeak campaign reveals her true name and identity of her abuser.</p> <p>Jaime Lee Page won an eight month legal battle to reveal her real name and the horrific details of her abuse by the hands of her own father, David Hodson.</p> <p>Hodson is a convicted murderer and spent years sexually terrorising his daughter Jaimie and her older stepsister Carol, who he later murdered in 1997.</p> <p>He murdered Carol as she reported the rapes and incest occurring in the "house of horrors" to police.</p> <p>Until now, a sexual assault victim gag law prevented Jaime from revealing her own name and also protected her father as there was no way to reveal his identity without revealing her own.</p> <p>After a lengthy battle, Jaime has also produced landmark law reforms which are set to restore voice, identity and agency to tens of thousands of sexual assault survivors after campaigning since August with the #LetUsSpeak campaign.</p> <p>Jaime has gone into detail about what triggered the #LetUsSpeak campaign with <a rel="noopener" href="https://www.news.com.au/lifestyle/real-life/news-life/letusspeak-daughter-finally-unmasks-paedophile-dad/news-story/a42a69ec06c81d56fd398cfa6e142573" target="_blank" class="editor-rtflink"><em>news.com.au</em></a><em>,</em> with the abuse initially starting at the young age of eight.</p> <p>“He came into my room at night and asked if I wanted to play a game. I didn’t understand what was happening to me. I was so young and so confused and I thought ‘is this what every father does?’”</p> <p>The abuse continued for years until Jaime was 16, with her older stepsister reporting the abuse she also endured for years at the hands of Hodson.</p> <p>“When Carol found out what happened to me, she came forward to the police to try and protect me,” Jaime says, “But unfortunately by doing that, she angered my father.”</p> <p>Carol went into hiding as she was the lead witness, but four days before she was due to give evidence, Hodson tracked her down and shot her three times in broad daylight.</p> <p>“I was at home one morning and a news clip came on,” Jaime says. “A woman had been gunned down in her car on the way to work and the man had also tried to kill himself. I just thought ‘what a terrible story’.</p> <p>“Then they had another clip and it showed my father being wheeled out on a stretcher to the air ambulance. I could see the tattoo on his hand that I had seen so many times in my life, and I just knew it was my father.</p> <p>“I fell to the ground, I was shocked. I was screaming. I wanted my sister back.”</p> <p>Hodson recovered from a self-inflicted gunshot wound and was charged with murder.</p> <p>Things went from bad to worse as Carol's own mother Sue Morris married Hodson, which meant that she would never have to testify against him.</p> <p>“It made me sick. The wedding was at Port Phillip prison. They even sent me an invitation. It was a gigantic slap in the face to Carol. I wanted nothing to do with it” Jaime says.</p> <p>With Carol no longer alive to testify and Jaime too traumatised to testify in court, police dropped the sexual abuse charges in 1998 and pursued the single murder count. </p> <p>Hodson was found guilty and sentenced to 24 years in jail, but in 2018, Jaime was approached by police.</p> <p>Hodson was scheduled for parole and as he was never convicted of any sexual crimes, he would not have to register as a sex offender.</p> <p>“I was terrified. Not just for my own children. I wouldn’t want him living next to any family with kids” says Jaime, now a mother herself.</p> <p>“I thought, if he gets out of jail and is unknown as the sex offender and monster that he is, and the public have no idea of the disgusting crimes he committed against me and my sister, then that’s dangerous: it’s not right.</p> <p>“So I dug really deep, I found a place where I could share what had happened to me and I came forward and I guess you could say I bravely told my story of my childhood experiences: my horror, my hell.”</p> <p>After Jaime withstood a lengthy cross examination, Hodson pleaded guilty in 2019 and was sentenced to a further nine years in jail.</p> <p>However, her joy was short-lived as Hodson appealed the length of the sentence and it was dramatically slashed in March this year, with eligibility for parole in 2022.</p> <p>“I think that broke me, that was the day that broke me. I felt absolutely disgusted with the court system. I felt alone, let down.”</p> <p>After months of tirelessly campaigning with #LetHerSpeak and launching #LetUsSpeak, draft legislation was put forward with the intention to amend the gag on living sexual survivors.</p> <p>However, there was a new gag order on the names of deceased rape victims, including Eurydice Dixon and Jill Meagher. This meant that the proposed gag order would prevent Jaime from ever naming her beloved stepsister Carol as a victim.</p> <p>An emergency meeting was called between the #LetUsSpeak campaign partners and they decided to fight the proposed gag on deceased victims' names.</p> <p>Since the launch in October, more than 4,000 letters were sent to parliamentarians via the campaign condemning the Government's proposed gag order.</p> <p>Justice was finally given last week, with the Government's attempted ban on deceased victim's names stopped in its tracks and new laws being introduced that allow living sexual assault survivors to reclaim their voice and identities.</p> <p>“Nothing at all was easy in any of this,” says Jaime, “but I feel amazing the law is actually going to change. I am immensely proud. The law should never, ever, ever have been in place, but it turns out people do actually want to listen to survivors: they want to hear us.</p> <p>“And I know my sister would be so proud. I can now look up towards the sky and know that she’s at peace and justice has finally been served for my sister."</p> <p><em>Photo credits: </em><em><a rel="noopener" href="https://www.news.com.au/lifestyle/real-life/news-life/letusspeak-daughter-finally-unmasks-paedophile-dad/news-story/a42a69ec06c81d56fd398cfa6e142573" target="_blank" class="editor-rtflink">news.com.au</a></em></p> </div> </div> </div>

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"Outrageous" demand imposed on sexual assault victims

<div class="post_body_wrapper"> <div class="post_body"> <div class="body_text "> <p><a rel="noopener" href="https://www.news.com.au/lifestyle/real-life/letusspeak-campaign-outrageous-demand-victoria-government-is-making-of-rape-victim/news-story/1be4d840ccf8b17b651368335a3aaf5c" target="_blank" class="_e75a791d-denali-editor-page-rtflink"><em>News.com.au</em></a> and <em>Herald Sun</em> exclusively launched the #LetUsSpeak campaign after revealing shocking new laws in Victoria about rape victims.</p> <p>Rape survivors are currently silenced under the state's new victim gag-laws and are being ordered by courts to seek out their offender's views and input if they want to be exempt from the silencing laws. </p> <p>These new laws were quietly introduced in February this year and the laws gag all sexual assault survivors in cases that have resulted in a guilty verdict.</p> <p>The only way to be exempt from these laws is if the survivor returns to court and is granted a court order that allows them to be identified.</p> <p>Maggie* – one of the rape survivors who spearheaded the #LetUsSpeak campaign – has been told by the Victorian County Court that she first must seek the views of the man who raped her before she applies for the exemption.</p> <p>“My first reaction is to tell them to just forget it. I don’t want anything to do with it if that’s what they are going to make me do. It infuriates me that he has a say. They don’t have the right to involve him.”</p> <p>Maggie’s father repeatedly molested and raped her from age 8, before he murdered Maggie’s older step-sister when she reported him to police for abusing her too.</p> <p>“If I have to ask his permission to tell my story now, then I’ll just say ‘no’. And I’ll hate the law forever because yet again they have deterred me and let me down.”</p> <p>“It gives him all the power. It takes me back to when I was a child I had to shut up and do what he said.</p> <p>Maggie’s lawyer Michael Bradley, managing partner of Marque Lawyers, said the laws had created “an illogical incoherent mess.”</p> <p>“We were shocked when the initial response we got from the court was that they wanted us to contact the perpetrator to get his consent or views on whether our client should be allowed to identify herself.</p> <p>“That’s patently outrageous and even having to let our client know that was the court’s attitude was a traumatic experience for her.</p> <p>“It speaks to an almost complete lack of understanding of what the priorities should be in these situations.”</p> <p>Under the new gag-laws, Maggie's real name is supressed and her perpetrator also remained unidentified as a default to protect her identity. The family connection makes it impossible to name one person without identifying the other.</p> <p>“If his victim had been a stranger then his identity would not currently be suppressed” said Mr Bradley. “He is currently receiving an accidental benefit of the law.”</p> <p>Any court order allowing Maggie to be named would reverse that, enabling media to also identify him by extension too.</p> <p>“He doesn’t want anyone to know he’s a convicted paedophile” said Maggie.</p> <p>“He killed my sister because her actions threatened to expose him [as one]. When he [murdered her] I asked him ‘why did you do this?’ He said it’s because she was going to ruin the family name.”</p> <p>“He is to shut up now. He has been found guilty of the crime and he doesn’t get a say in my life now. This is my time. My voice. My story."</p> <p>The Government has announced that they will amend the gag-law by the end of the year after an outpouring of community outrage.</p> <p>According to the press statement: “The Victorian Government will move urgently to respond to victim-survivors who have raised concerns about their ability to share their stories.</p> <p>“Attorney-General Jill Hennessy announced today that reforms will be fast-tracked to streamline processes for victim-survivors who wish to speak out.</p> <p>“This change will mean the majority of victims will no longer require a court order to tell their stories if they have given informed consent to being identified.</p> <p>“The Government is developing urgent amendments to be introduced to parliament this year. The changes will be progressed in close consultation with victim-survivors and those who work with them.”</p> </div> </div> </div>

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Bob Hawke's widow responds to Rosslyn Dillon's rape claims

<p>Former Prime Minister Bob Hawke’s widow Blanche d’Alpuget says that she “didn’t know anything” about shocking claims that Hawke told his daughter not to report an alleged rape as it would negatively impact his career.</p> <p>Rosslyn Dillon alleged in an affidavit that she was raped by Labor MP Bill Landeryou in the 1980s and Hawke covered it up to protect his career.</p> <p>As neither man can defend the allegations due to their passing, it is up to Hawke’s widow to defend her former husband.</p> <p>“I didn't know anything, and I can't say anything,” Ms d'Alpuge said at the launch for her revised book 'Bob Hawke: The Complete Biography' in Sydney's north shore on Sunday,<em> <a rel="noopener" href="https://www.theaustralian.com.au/nation/blanche-dalpuget-says-she-knew-nothing-of-bob-hawke-daughters-rape-claims/news-story/7b6a25cc09e07735ed6a070a4c829592" target="_blank">The Australian</a></em> reported. </p> <p>“I don't know what she said.”</p> <p>The 75 year old added that she had been advised by her lawyers to not comment on the incident.</p> <p>She also referred to advice from her lawyers when she was questioned about Rosslyn Dillon’s request for claims to the Hawke estate.</p> <p>D'Alpuget said she is worried about her late husband’s daughter after the death of Hawke earlier this year.</p> <p>“I am very concerned that Rosslyn is grieving so much, I really feel for her,” she said.</p> <p>Rosslyn claims that when she told her father of the allegations in the 1980s, he said “You can’t go to the police”, according to<span> </span><em><a rel="noopener" href="https://thenewdaily.com.au/news/national/2019/12/07/hawke-daughter-rape-legal/" target="_blank">The New Daily</a>.</em></p> <p>“You can't go to the police. You can't. I can't have any controversies right now. I am sorry but I am challenging for the leadership of the Labor Party,” Hawke is alleged to have said.</p> <p>Rosslyn said that she was “shocked and hurt that her father asked this of me” in the 25-page affidavit.</p> <p>“I thought to myself I could not make any bigger sacrifice to the (my father’s) political career if I had tried,'' the affidavit continues.</p> <p>"He asked me to let the matter go for him and I did so for him.</p> <p>"I am still haunted by the sexual assaults. I feel that I may have had a chance to get over these rapes if I was able to report the incidents to police."</p>

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Bob Hawke’s family speaks up on daughter’s rape allegations

<p>Bob Hawke’s family has spoken up on the allegations made by his youngest daughter.</p> <p>Rosslyn Dillon has reportedly claimed she was raped by former Victorian Labor MP Bill Landeryou but was urged by her father not to report the assaults to protect his leadership ambitions.</p> <p>The allegations were part of a 25-page affidavit submitted in the New South Wales supreme court as part of Dillon’s legal challenge against her father’s $18 million estate, <em><a href="https://thenewdaily.com.au/news/national/2019/12/07/hawke-daughter-rape-legal/">The New Daily</a> </em>reported.</p> <p>In the document, Dillon claims Landeryou, who died in February this year, sexually assaulted her three times in the 1980s.</p> <p>Dillon alleges her father told her to remain silent about the claims, saying, “You can’t go to the police. You can’t. I can’t have any controversies right now. I am sorry but I am challenging for the leadership of the Labor Party.”</p> <p>Dillon said she was “shocked and hurt” by her father’s request. “I thought to myself I could not make any bigger sacrifice to [my father’s] political career if I had tried,” she reported in the affidavit.</p> <p>“He asked me to let the matter go for him and I did so for him.</p> <p>“I am still haunted by the sexual assaults. I feel that I may have had a chance to get over these rapes if I was able to report the incidents to police.”</p> <p>Dillon’s sister Sue Pieters-Hawke told the publication the Hawke family had been aware of the allegations.</p> <p>“I love and support my sister,” Pieters-Hawke said. “She did tell people at the time. I believe there was a supportive response but it didn’t involve using the legal system.”</p> <p>On Monday, Pieters-Hawke was again asked about her sister’s allegations in <a href="https://www.abc.net.au/news/2019-12-09/hawke-daughter-rape-claim/11777600">an event commemorating what would have been her father’s 90<sup>th</sup> birthday</a>.</p> <p>“I think that’s the subject of an affidavit which may or may not be tested in court and I’m not going to comment on any of that,” she said.</p> <p>Asked whether the allegations might change people’s perception of her father, Pieters-Hawke said, “I hope not. I think it would be foolish if they did and I think as many of you [would] be foolish if you contributed to that.”</p> <p>Dillon’s step-brother Louis Pratt said he learned about the claims from the news. “We’re all surprised, obviously. Because I know that Bob loved Rosslyn very much and I know what his character is, so it’s surprising,” Pratt said.</p> <p>Hawke’s will awarded $750,000 for each of his three children and his stepson Pratt, with the remainder of the estate going to his wife Blanche d’Alpuget.</p> <p>Dillon is making a $4 million claim on her father’s estate.</p> <p>Hawke’s first bid for the Labor leadership in July 1982 was unsuccessful. He went on to succeed Bill Hayden as Labor leader the following year and won the March 5 election to become prime minister.</p>

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Bob Hawke’s daughter alleges he told her not to report rape by former Labor MP

<p>The daughter of late former Prime Minister Bob Hawke, Rosslyn Dillon, has come out with explosive allegations claiming a Labor MP from the 1980s raped her but was asked by her father not to report it to police.</p> <p>First published on<span> </span><em>The New Daily</em>, the allegations were made in a $4 million legal claim Ms Dillon has made on her father’s estate.</p> <p>In an affidavit lodged with the NSW Supreme Court, Ms Dillon alleged that she informed her dad in the ‘80s about the incident, to which he told her not to go to the police.</p> <p>“You can’t go to the police. You can’t. I can’t have any controversies right now. I am sorry but I am challenging for the leadership of the Labor Party,” he apparently told her.</p> <p>As reported by<span> </span><em>The New Daily</em>, Ms Dillon says in the affidavit that she remains “haunted” by the sexual assaults allegedly committed by late Victorian Labor MP Bill Landeryou.</p> <div> <div class="reply-list-component"> <div class="reply-component"> <div class="reply-body-component"> <div class="reply_body body linkify"> <div class="reply-body-wrapper"> <div class="reply-body-inner"> <div class="body_text "> <p>Labor MP Tanya Plibersek said she could not comment on specific allegations because of the legal action, but said “in the most general terms, anybody who has been the victim of a sexual assault should be encouraged to take the matter to police to have it dealt with properly, to be thoroughly investigated.”</p> </div> </div> </div> </div> </div> </div> </div> </div> <div> <div class="new-reply-component"></div> </div>

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