Lawyer tells tribunal she kissed barrister Enzo Belperio during alleged sexual assault because she wasn’t brave enough to stop it

A young lawyer says she kissed Adelaide barrister Enzo Belperio, feeling unable to reject his unwanted sexual advances without “tarnishing” her firm’s reputation.

A young lawyer has conceded she “tongue kissed” with barrister Enzo Belperio, telling a tribunal she “wasn’t brave enough” to stop his alleged sexual assault for fear rejecting him would “tarnish” her firm’s reputation.

The lawyer, whose identity is suppressed, has also told the Legal Practitioners Conduct Tribunal disrespecting a senior practitioner was “painfully unimaginable” to her.

In cross-examination, Mr Belperio’s barrister – former Victorian County Court judge Julie Condon KC – said the lawyer had not “disclosed the tongue kissing” in her initial complaint.

Enzo Belperio with his barrister, former judge Julie Condon KC, outside the tribunal. Picture: Russell Millard Photography

“You didn’t want to convey that you had, physically at least, engaged in a tongue kiss with Mr Belperio, that’s why you didn’t include it,” she said.

The lawyer said that was “not a deliberate omission”, conceding she “participated” in and was “reactive” to kisses at a CBD bar and in Mr Belperio’s darkened Bar Chambers rooms.

However, she said that was only because the thought of “jeopardising the professional relationship” with a senior practitioner “was mortifying” to her.

“I was brought up to believe the best way to avoid conflict was to be quiet, docile and submissive … I associated defiance with fear, disrespect and shame,” she said.

“I’ve often tolerated my own discomfort for the sake of others by being compliant … I participated (in the kissing) because I wasn’t brave enough to cause a scene.

“I didn’t want to be the reason the firm’s name was tarnished … the idea of being, or coming across as, rude or disrespectful to a person in a position of power was painfully unimaginable to me.”

Mr Belperio has not been charged with any crime, but has been accused of professional misconduct. Picture: Russell Millard Photography

The Legal Profession Conduct Commissioner has alleged that Mr Belperio made “inappropriate and uninvited physical and sexual contact or advances” to the lawyer in mid-2020.

It further alleges that amounts to professional misconduct – Mr Belperio, who has not been charged with any criminal offence, insists the incident was consensual.

During cross-examination, Ms Condon suggested the lawyer “was comfortable” in Mr Belperio’s presence, asking why she “did not go home” otherwise.

“There was nothing stopping you getting up and saying ‘I’m going to catch the bus home, goodbye’,” she said.

“You were very aware of your senses, you had agency, you were capable of making decisions for yourself.”

The lawyer replied: “Yes, but in circumstances where, with who Enzo was to me, I felt like I had to listen to him throughout the night.”

Mr Belperio claims the incident with the young lawyer was consensual. Picture: Russell Millard Photography

Ms Condon suggested “narratives” the lawyer had given since the incident “read like a recounting of consenting sexual behaviour” and differed from her sworn evidence.

“I suggest to you that you are not being completely candid with the tribunal,” she said.

“Mr Belperio never did anything to make you feel threatened, never did anything to make you feel scared.

“He never said anything menacing toward you about why you had to come back to (chambers) because you were happy to go back to (chambers).

“He only asked to perform oral sex on you on one occasion … as soon as you said ‘no’, he took his hands off your pants and got up straight away.

“It was not uncomfortable, the mood was still happy and friendly.”

The lawyer replied: “No, I disagree … I went along with it because I was worried.”

Ms Condon said the lawyer had communicated with Mr Belperio after the incident, including giving a heart emoji to something he wrote in a group chat.

She said Mr Belperio wrote “looks awesome” on one of the lawyer’s social media posts and she replied “thanks Enzo”.

The lawyer agreed she had, but said the emoji was “a reaction and acknowledgement” of the message “not a response”.

The hearing continues.

Originally published as Lawyer tells tribunal she kissed barrister Enzo Belperio during alleged sexual assault because she wasn’t brave enough to stop it