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Pressure mounts on magistrate Richard Pithouse to resign after rape comments

Pressure is mounting on embattled magistrate Richard Pithouse to resign, following comments he made about the case of a woman who alleged she was raped on a night out in Melbourne.

Magistrate Richard Pithouse has been slammed by the family of a sex assault victim who tried to take her life after her trauma was worsened by his controversial actions. Picture: Hamilton Spectator
Magistrate Richard Pithouse has been slammed by the family of a sex assault victim who tried to take her life after her trauma was worsened by his controversial actions. Picture: Hamilton Spectator

Pressure is mounting on embattled magistrate Richard Pithouse to resign, following comments he made about the case of a woman who alleged she was raped on a night out in Melbourne.

The woman at the centre of the case, “Penny”, called on the judiciary to show it would not tolerate the “unacceptable” language to which she was subjected.

“This has started something big — not just about me but about society and attitudes,” Penny said.

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The Chief Magistrate is investigating after revelations by the Herald Sun that Mr Pithouse suggested Penny, who was seeking victim compensation, may have complained of sexual assault because she suffered “buyer’s remorse”. The language has been widely condemned.

The Chief Magistrate and the Judicial Commission are yet to make specific comment on Mr Pithouse’s remarks, recorded in October.

Victoria’s Victims of Crime Commissioner Greg Davies said the comments were “victim-bashing” and unacceptable in the 21st century for anyone to say, let alone a judicial officer.

Penny said if Mr Pithouse could not learn from his mistakes and show respect he should be stood down or resign.

“Let this be an example to the people in these positions that society’s attitudes are changing,” she said. “He is in a position of power.”

Do you have a story to tell about your experiences as a victim of sexual assault? Email crime reporter Andrea Hamblin at andrea.hamblin@news.com.au

Victoria’s Victims of Crime Commissioner Greg Davies has slammed the comments.
Victoria’s Victims of Crime Commissioner Greg Davies has slammed the comments.

VICTIM’S FAMILY BACKS CALLS TO SACK MAGISTRATE

The family of a sex assault victim who tried to take her life after her trauma was worsened by the controversial actions of magistrate Richard Pithouse has backed calls for him to be sacked.

It comes as Victims of Crime Commissioner Greg Davies slammed the magistrate’s latest remarks, which suggested a woman who claimed she was raped had suffered “buyer’s remorse”.

The Herald Sun revealed on Wednesday that the magistrate had said Penny “put herself in that position” after she alleged she was raped following a night of drinking in Melbourne.

The family of another woman treated with “utter contempt” during her sex assault case in 2010 also criticised the magistrate’s comments. Her father questioned why, eight years after complaints to the chief magistrate and then attorney-general Rob Hulls, Mr Pithouse had not faced sanctions.

“You can forgive one instance as a faux pas but it has continued,” said the dad of victim “Emma” on Wednesday.

The family of a sex assault victim who tried to take her life has backed calls for him to be sacked. Generic picture
The family of a sex assault victim who tried to take her life has backed calls for him to be sacked. Generic picture

Meanwhile, Mr Davies also questioned Mr Pithouse’s interpretation of the Victims of Crimes Assistance Act after the magistrate implied — incorrectly — the law stated a victim could not use alcohol as an “excuse”.

“It’s not just victim-blaming; it’s victim-bashing,” he said. “This will absolutely compound whatever issues have confronted this victim as a result of this crime. It could be devastating — all for a lack of courtesy or respect.”

Penny’s lawyer said she had never before heard such “insensitive comments” by a magistrate.

“The magistrate’s comments were incredibly inappropriate,” she said. “He also denied the very service VOCAT exists for: assisting victims and giving them a voice.”

The shocking comments in the Victims of Crime Assistance Tribunal on October 24 were the latest in a long list of strikes against Mr Pithouse.

Last night, Victoria’s Chief Magistrate still could not say what — if any — action would be taken, but continued to investigate the incident.

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And the Judicial Commission — set up in 2016 and intended as a watchdog on magistrates — would not comment about Penny’s complaint.

In 2010, Mr Pithouse went to the wrong courthouse and later tried to make up time in a hearing by scrapping the statement of a sex assault victim.

The victim, Emma, had travelled from Queensland to Ballarat for her right to read the statement about the indecent assaults by attacker Andrew John Leishman. But Mr Pithouse decided not to hear the 23-year-old’s statement.

Emma later told how she had attempted suicide twice in the month after the decision.

Her father yesterday called for Mr Pithouse to be sacked.

Those who need assistance can call Lifeline on 13 11 14.

andrea.hamblin@news.com.au

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Original URL: https://www.heraldsun.com.au/news/law-order/sex-assault-victims-family-back-calls-to-sack-magistrate-richard-pithouse/news-story/53950223761ff0ff8ca70d5788161532