Female student criticises University of Sydney over handling of naked photo incident

A YOUNG Australian woman has accused one of our top universities of protecting the man who took a naked photo of her during sex and spread it among her peers.

View of the clock tower and Quadrangle at University of Sydney.

IVY* was at a friend’s barbecue in January this year when she first heard that a naked photo of herself was being shown to her peers at the University of Sydney.

The photo was taken in May 2013, without her knowledge or consent, by a man she was in a casual relationship with. He took the photo while they were having sex. Both were 18 at the time.

“He kind of took a selfie in the mirror,” Ivy, who is now 20, told news.com.au.

“[The photo] had my face, breast and torso, legs and a slight bit of my groin and he was standing behind me. My eyes were closed,” she said.

Ivy reported the photo to police eight days later in January. Police found the original image and deleted it, but were unable to prosecute the man due to a legal loophole.

In NSW, you can be jailed for up to two years for taking a photo of a person in a “state of undress” when the subject does not consent and the photo is for “sexual arousal or sexual gratification”. But legal proceedings must commence in the six months after the alleged offence occurred.

In this case, because there is no evidence of the photo being shared online, the offence date starts from when the photo was taken. Since Ivy found out about the photo eight months after it was taken, she was unable to lay charges against the man.

Ivy says she has experienced “significant bullying and harassment” at the University of Sydney since the photo was taken and circulated.

“The photo was shown [around at uni] for such a long period of time before I was aware of it,” she said.

“I’ve been groped, there have been rumours about me. Before I introduce myself people make sexualised comments towards me. The photo became a badge of honour for him. It became a manhood thing. I feel like a prize or an award to be won, as though men think if they sleep with me, then they can prove they’re a man.”

The man who took the photo has not been disciplined by the University of Sydney and still works at an accommodation facility owned and run by the University.

A mediation meeting was held between Ivy and her perpetrator, a support member each and a member of Student Affairs (an administrative body designed to “support students with any kind of conflict they may have with each other or the university.”)

“I fought for the meeting for a few months and I asked for an apology letter,” said Ivy. “ He wrote that and he admitted to taking the photo.”

“I also asked for a public apology — to my parents, to my friends, to my lecturers and tutors. He initially agreed to apologise to my parents, lecturers and friends and we would discuss a public apology, but the university did not want to facilitate this.

“I think they held that [private] meeting as a token action. I think it was a very ‘tick the box’ kind of action so they could say, ‘We’ve done something and now we don’t have to kick him out’.

“I don’t think they really believed what happened to me was that much of a serious issue. They agreed it was a university issue because it happened on campus and [the photo] was shown on campus. They saw me as a problem and they wanted to sweep it under the carpet. They weren’t up to any change in the culture.”

“The only public action they’ve taken is to protect him. It’s very concerning. I’m concerned that other victims will not feel comfortable reporting what has happened to them. This can only get worse. They’re basically saying that there is no punishment if you sexually harass someone.

“I do not want the man that abused me to be the scapegoat. I don’t think he is the big issue here. He’s part of the problem. There are wider issues on campus and his actions have just highlighted that.

“I would ask [the University of Sydney’s Vice Chancellor] Michael Spence to take sexual harassment and sex crimes seriously on campus. There are huge issues with rape culture at Sydney University. I would ask him to speak out publicly against what has happened to me and what has happened to other students as well.”

The University of Sydney’s student newspaper, Honi Soit, was forced to retract the name of the perpetrator yesterday in a story titled, ‘Uni fails sexual harassment victim’, on the grounds it put the man’s “safety and privacy” at risk.

In a statement to news.com.au, Honi Soit’s editorial team said there was a disparity between the swift action taken to protect the perpetrator and the lack of support provided to the victim.

“The way the University handled the woman’s case was clearly insufficient,” the statement reads. “We believe an inquiry should be held into the University’s handling of sexual harassment, misconduct, and gendered crimes on campus.”

“The University dragged their heels on responding to her complaint, asked her to run her own mediation and allowed the perpetrator to remain enrolled at USyd, as well as living and working on campus.

“In this incident the University has shown a disregard for the safety of the victim. The University failed to protect her as well as other students. It is unacceptable that after taking months to respond to the victim’s complaints, the University intervened to protect the safety of the perpetrator within hours.

Honi Soit said it is “particularly worrying” that the perpetrator is still employed by the University.

“In this role he is responsible for the welfare of younger students and their safety in their place of residence. His actions constitute a violation of the Code of Conduct for Students. He should be held to a standard reflecting the responsibility and authority he holds over students in his care.”

The University of Sydney has been contacted for comment but was unable to provide a response in time for deadline.

*Name has been changed for privacy reasons