SA barrister Enzo Belperio faces tribunal hearing accused of professional misconduct over alleged sexual assault of new female lawyer

A woman was just starting her law career when an experienced barrister sexually assaulted her leaving her with hickies, a tribunal has heard.

A female lawyer had just started her career when she was sexually assaulted inside one of the state’s most prestigious chambers, by an experienced barrister “considerably older than her”, a tribunal has heard.

On Monday, the Legal Practitioners Disciplinary Tribunal was told the woman was “shocked” to discover Enzo Belperio had left “hickies” on her after an incident inside Bar Chambers five years ago.

Mr Belperio denies wrongdoing and maintains the incident was consensual – but Frances Nelson KC, for the Legal Practitioners Conduct Commissioner, said that was not the case.

“This is not a criminal matter (but) it is an allegation of a sexual assault of a young practitioner relating to events five years ago, in 2020,” she said.

SA barrister Enzo Belperio. Picture: Bar Chambers

Enzo Belperio denies wrongdoing and maintains the incident was consensual.

“The complainant had only been admitted (to practice) … weeks before this … the barrister is considerably older than her.

“He maintains it was all consensual … our position is it was not, that she said no, that she protested.

“After the events at Bar Chambers, which is where she says she was sexually assaulted, after she had gone home in an Uber, she was shaken up.

“When she went into her bedroom, she saw she had hickies on her neck … she says in her (written) evidence ‘these were from Enzo, I was shocked’.”

The Legal Profession Conduct Commissioner has alleged that, in 2020, Mr Belperio made “inappropriate and uninvited physical and sexual contact or advances” to the junior solicitor.

Mr Belperio, a married father of two who fought unsuccessfully for his identity to be suppressed, has denied the allegations, and has not been charged with any criminal offence.

On Monday, Julie Condon KC, for Mr Belperio, said her client “agrees that there were hickies”, but not that he was guilty of professional misconduct.

“This tribunal will be dealing with personal matters that occurred in an extended work setting … Ms Nelson will need to negate a reasonable belief in consent on the behalf of Mr Belperio,” she said.

“This tribunal will be dealing with specific states of mind – those of the complainant and Mr Belperio – when the specific alleged sexual assault is said to have occurred.”

On Monday, Ms Nelson said the “events of that night” had changed the woman’s outlook on her career.

“Prior, she had been told she would be working closely with the practitioner and she was very excited because he was, in her eyes, a well-established barrister,” she said.

“She was, after the event, very concerned about being put in a position of having to work with him or have any contact with him... she said ‘I don’t want to be put in that position again’.”

The hearing continues.