Sarah Hanson-Young wins defamation case against David Leyonhjelm
Greens Senator Sarah Hanson-Young has won a substantial sum in her defamation case against ex-senator David Leyonhjelm. She said all she wanted was an apology.
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South Australian Greens Senator Sarah Hanson-Young says her landmark defamation win against a fellow politician is a victory for every harassed “woman and girl” forced to stay silent.
A Federal Court Judge on Monday ruled that former senator David Leyonhjelm had acted with “malice” when he repeated false claims that Senator Hanson-Young had said “all men are rapists”.
He awarded $120,000 in damages.
Senator Hanson-Young said she would donate the money to charity.
In a statement issued after the ruling, she said taking legal action “was a hard decision to make”.
“All I ever wanted was for Mr Leyonhjelm to apologise for his hurtful remarks and bad behaviour. He refused,” she said.
“The court’s decision today has vindicated my decision to stand up and call it out.
“The court found that Mr Leyonhjelm was actuated by malice with the intention of publicly shaming me.
“No woman deserves to be bullied and harassed in her workplace – not on the shop floor, in the office, in the factory or in the parliament.”
When men do the wrong thing, they should apologise. Most men do. But when they don’t they should be called out.
— Sarah Hanson-Young💚 (@sarahinthesen8) November 25, 2019
It’s for every woman & girl who’s been told or made to stay silent in the face of harassment and disrespect that I took legal action. Today’s ruling is a win for them
The lawsuit followed a heated debate in the Senate on June 28, 2018, the last sitting day before the winter recess.
During a debate on a motion to relax restrictions on pepper spray, mace and Tasers for women to use as personal protection, Mr Leyonhjelm claimed to have heard Ms Hanson-Young call out “all men are rapists”.
Mr Leyonhjelm called back “you should stop shagging men, Sarah”. The incident was reported to the President of the Senate by Greens leader Richard Di Natale.
Mr Leyonhjelm refused to apologise for his statement, doubling down on his claims in a social media post, as well as television and radio interviews.
A statement of claim filed in the Federal Court showed that Senator Hanson-Young’s defamation claims stemmed from comments Mr Leyonhjelm made in four different forums, including Facebook, Sky News, 3AW radio and ABC’s 7.30 program.
Senator Hanson-Young’s barrister, Kieran Smark SC, argued Mr Leyonhjelm’s claims made his client look like a hypocrite and a misandrist, someone who despises men.
In his defence, Mr Leyonhjelm initially claimed that his words were honest opinion and fair comment on a matter of public interest. However his barrister, Anthony Morris QC, dropped those defences at trial and focused on a defence of qualified privilege.
Mr Morris said that even if there was a defamatory meaning in Mr Leyonhjelm’s words, then Senator Hanson-Young should still only be awarded “nominal” damages.
Mr Leyonhjelm tried to have the case stayed last year but was refused.
Justice Richard White concluded that Senator Hanson-Young had never said all men are rapists and that she had been defamed by Mr Leyonhjelm, who had no available defences.
The damages took into account the seriousness of the defamation as well as the “political environment” in which it was made.
Lawyers for both parties will be heard next month on whether interest will be applied to the penalty, and whether Senator Hanson-Young will be awarded costs.
Originally published as Sarah Hanson-Young wins defamation case against David Leyonhjelm