Attorney-General Jill Hennessy refers magistrate Richard Pithouse for investigation
Victoria’s Attorney-General has referred a controversial magistrate for investigation and scolded him over his suggestion a rape complainant had suffered “buyer’s remorse”.
Law & Order
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Victoria’s Attorney-General has referred the magistrate for investigation and scolded him over his suggestion a rape complainant had suffered “buyer’s remorse”.
Embattled magistrate Richard Pithouse has also been removed from the case.
A month ago, the Herald Sun revealed he had made questionable comments during a preliminary hearing into potential victim compensation for the woman, including telling her: “You can’t profit from your own malfeasance.”
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TRIBUNAL PROBE ON CONTROVERSIAL MAGISTRATE
Attorney-General Jill Hennessy said on Thursday: “It’s clear these comments are not in line with community expectations and caused distress to sexual assault survivors.
“That’s why I am referring this matter to the Judicial Commission for further investigation.
“While these matters are subject to investigation, it’s not appropriate to comment further.”
Victoria’s Police Minister Lisa Neville said the controversial magistrate needed to be “held to account” over comments about the rape complainant, who alleged she was assaulted after a night out in Melbourne.
Ms Neville said police eager for survivors to feel supported to come forward were at times frustrated by outdated attitudes.
“For the first time we’re starting to see in our sexual assault figures people coming forward to report much earlier,” Ms Neville said. “It feels like sometimes that it’s undermining that message.”
She said there were opportunities for magistrates to be better trained.
“Sometimes you get an individual who … maybe the training doesn’t really work,” Ms Neville said.
Mr Pithouse also said in an initial Victims of Crime Assistance Tribunal that being drunk was not an “excuse” and suggested Penny’s actions had contributed to the alleged assault.
“You can’t profit from your own malfeasance,” he said in an exchange with her lawyer.
Ms Neville backed the decision to have the matter probed by the Judicial Commission.
“That magistrate … needs to be held to account as much as anyone else who may be providing barriers to people coming forward,” Ms Neville said.
The woman at the centre of case, “Penny”, told the Herald Sun last night that having Ms Hennessy call out the comments was a “step forward” in the battle to stamp out victim-blaming attitudes.
“I’m very happy that I’ve been heard,” she said. “It’s important that people in power are held accountable for inappropriate comments.
“It’s good she agrees that (Mr Pithouse’s) comments are not in line with society’s expectations.”
In an emotional letter this month, Penny wrote to Ms Hennessy with her concerns.
An online petition calling for Mr Pithouse to be stood down has gained thousands of signatures.
Penny, a city worker who is legally blind, alleged she had been raped by a man she had met at a Crown casino bar while on a night out drinking.
She had taken her case to a victims’ tribunal in October, only to be subjected to comments later slammed by the then Victims of Crime Commissioner, Greg Davies, as “not just victim blaming, but victim bashing”.
Mr Pithouse has previously suggested a domestic violence victim wanted to be bashed. In another recent case, he ordered a perpetrator of violence to pay a $250 fine to the RSPCA instead of convicting the offender.
The Herald Sun’s revelations of Mr Pithouse’s latest remarks led to widespread outrage. But Chief Magistrate Peter Lauristen said on November 30 he felt it was an “inappropriate case” for him to exercise his power to suspend Mr Pithouse.
Another magistrate has since been appointed to preside over Penny’s case.