Sex Discrimination Commissioner: Lehrmann ruling dispels rape myths

Australia’s Sex Discrimination Commissioner, Dr Anna Cody, has welcomed the Federal Court ruling in the Bruce Lehrmann defamation trial against Network Ten, saying it dispelled damaging myths about rape and consent.

“In his landmark finding, Justice Michael Lee quashed the false notion that a victim of sexual assault must behave in a ‘typical’ way,” Commissioner Cody said.

“Victims vary greatly in how they respond to a sexual assault, whether that be during the assault or afterwards.

“As Justice Lee found, trauma impacts on memory and judges must be aware of how this occurs to assess the evidence fairly. Different ways of remembering an event do not make evidence untruthful or any less reliable.

“I welcome the Court’s ruling for applying a trauma-informed approach to fact-finding and to assess the reliability and credibility of Brittany Higgins’ evidence as to her state of mind.”

Commissioner Cody said she hopes the ruling will play an important role in helping ensure the safety of women.

“What we constantly hear when we meet with workplace sexual harassment victims is that ‘there is not enough evidence’ to prove guilt to a criminal standard in court. But this finding shows that our understanding of sexual harassment is becoming more nuanced, which should assist in creating a fairer justice system.

“The landscape in Australian workplaces is also changing. Last year’s introduction of a positive duty requirement on employers in the Sex Discrimination Act 1984 (Cth) means businesses and organisations are legally obliged to take proactive and meaningful steps to prevent unlawful conduct from occurring.

“The Federal Court ruling is the latest statement that there is no place for such conduct, and no woman needs to put up with it.”

ENDS | Media contact: media@humanrights.gov.au or 0457 281 897