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‘If not you, then who?’: Judicial commissioner calls on victims to speak up
The Judicial Conduct Commissioner said that although South Australia identified many distressing examples of sexual harassment and physical assault in its legal profession and judiciary, she has never received any complaints of this kind and has called for victims to start coming forward so the issue can be addressed.
Naomi Neilson
Content warning: This article relates to sexual harassment and sexual assault.
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Judicial Conduct Commissioner the Honourable Ann Vanstone QC has responded to the South Australian sexual harassment report by acknowledging that complaints against judicial officers are complicated, but perpetrators cannot be held accountable until the victims come forward and “find the courage to make a report”.
Although opting to not address any specific claims from the report, one victim wrote in an allegation about a sitting magistrate who had sent inappropriate text messages to her while she sat in his courtroom, including that he was “imagining me kneeling between his legs at the bench”. The allegation led to the Honourable Chief Justice Chris Kourakis offering to meet complainants in person and provide a direct email.
Commissioner Vanstone said the type of conduct in the report “should not happen in any workplace” and if it does happen, it should be called out for action to take place.
“It is interesting to note how few complaints are made by legal practitioners to the judicial conduct commissioner. Up until last Friday, I had not received any complaints that would constitute sexual harassment as defined in the report,” Commissioner Vanstone commented in a recent statement on the report’s findings.
“I do not think the absence of those complaints is because there is an absence of conduct of that type or because legal practitioners are not aware of the mechanism for making complaints. I suspect it is because of the fear of speaking up. The report cites a ‘fear of repercussions on career and work life’ and an attitude that ‘it is best not to rock the boat’. I understand the fear but if it is not reported, it will not stop.”
Commissioner Vanstone added that the report points out serious cultural problems in the legal profession that have given rise to the misconduct, “in great part because of the hierarchal nature of the profession” – specifically, that judges are at the top.
She said if judicial officers regard the culture as acceptable and continue to bring that attitude into the workplace, they will “face an uncertain future”. The conduct of judicial officers should be beyond reproach, Commissioner Vanstone said, adding that there is little doubt that is the case for the South Australian judiciary.
“I call on any individuals who have experienced inappropriate conduct by a judicial officer to find the courage and make a report – because if not you, then who?” she said.
Victims wanting to reach out to Justice Kourakis and the Supreme Court with any allegations of sexual harassment and assault can contact the dedicated email address:
Help is available. Call Lifeline on 13 11 14 or Respect on 1800 RESPECT (1800 737 732). Each law society and bar association also has further contacts available on their respective websites.
