ANU: John XXIII College says victim ‘very highly’ to blame for her alleged rape because she was drunk

Lawyers defending ANU’s John XXIII college from a negligence claim say a woman who was allegedly raped after an unofficial student booze-up is largely responsible for what happened to her because she had been drinking.

John XXIII College at the Australian National University has been thrown into scandal amid claims it has a culture of hard drinking and sexual misconduct. Picture: Keegan Carroll

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The Australian National University college which is being sued by a woman who claims she was raped after an unsanctioned booze-up says she is largely to blame for what happened because she voluntarily drank alcohol that night.

The barrister defending John XXIII College, Jeunesse Chapman, told the ACT Supreme Court on Tuesday that if the college was found to have a duty of care to the woman at the off-campus booze-up, the woman should be lumped with a “very high” portion of “contributory negligence” for being raped, since she was drinking heavily on the night she was allegedly raped in an alleyway behind Canberra bar Mooseheads.

“Without the intoxication, you don’t get the sexual assault,” Ms Chapman said.

Ms Chapman, delivering her closing address, told Justice Michael Elkaim the college also didn’t owe the woman a duty of care when its head, Geoff Johnston made damning comments to her during an investigation.

First year women were made to get on their knees while they had goon poured into their mouths in a shameful hazing ritual at the ANU’s John XXIII College, a court has heard.

Mr Johnston had described himself as the “head of the flock” at John XXII College, which is accused of having a dangerous culture of drinking and sexual misconduct.

Justice Elkaim said on Tuesday: “He seems to have driven his flock towards a cliff”.

The college’s case is that Mr Johnston’s investigation into the rape allegation was fair to both students.

Justice Elkaim said: “That doesn’t excuse him from … making ridiculous comments to the (woman) … you can’t justify some of those comments”.

Among the comments the woman alleges Mr Johnston made were that he “is a pretty good judge of character”, that “because (the woman) said yes, everything is fine”, that the man “didn’t appear to be exhibiting predatory behaviour”, and that “sometimes when boys are drunk they can’t perform”.

Ms Chapman said the alleged rape happened off campus, between adults, after an unsanctioned event, and that the college could not be held responsible.

“University students have autonomy and independence and with that comes responsibility,” she said.

“All adults have the right to consume alcohol …”

The woman’s barrister, Tony Bartley SC, is expected to deliver his closing address on Wednesday.

The Australian National University in Canberra.