Brittany Higgins discourse ‘will not discourage victims’ despite Katy Gallagher claims: barristers

Top criminal barristers reject Katy Gallagher’s claims saying all victims have the choice to go to the police without going to media and can remain anonymous.

Former Liberal Party staffer Brittany Higgins. Picture: NCA NewsWire / Gary Ramage

Top criminal barristers have rubbished claims that discussing Brittany Higgins’ rape allegations in parliament would deter women from reporting their own sexual assaults, saying all victims have the choice to go to the police without going to the media and can remain anonymous.

Finance Minister Katy Gallagher on Tuesday pushed back on questions fired at her by Coalition senators Michaelia Cash, Anne Ruston and Bridget Mackenzie, accusing her Senate colleagues of discouraging women from coming forward with their rape allegations.

“I feel that the message out of this for women who want and need to come forward is watch out. Women who may now choose to keep allegations of serious sexual or violent abuse silent to suppress the trauma and feel as though justice will always elude them.

Women who might feel like the system won’t properly protect their welfare and might let them down. And I’m not going to stand for that,” she told the Senate.

Senator Katy Gallagher during Question Time. Picture: NCA NewsWire / Martin Ollman

Later, during question time, she said: “As Minister for Women I don’t think it’s acceptable, and I think for all the young women waiting out there, wondering about whether they should stand up and say something, and all the older women … whether they should stand up and say something, and they get treated like that.”

But when former Crown prosecutor Margaret Cunneen SC was asked whether the widespread attention on Ms Higgins’ sexual assault claims would deter women from reporting assaults, she said: “Not in the least.”

“It may remind women to pursue criminal allegation through the criminal justice system, which will always protect their anonymity, and not to take the option to publicise it even before the criminal justice system has commenced,” she said.

Former Crown prosecutor Margaret Cunneen SC

Ms Cunneen, admitted as senior counsel nearly 20 years ago, said the major issue with Ms Higgins’ case was political interference, which would never have occurred had she chosen to remain anonymous.

“Most women take advantage of the great reform which has been available now for many years that their name will remain anonymous and many identifying characteristics would remain anonymous for the duration of proceedings,” she said.

“Had this happened in this case there would be nothing about which to complain. Crime should go through the criminal justice system with no possibility of political interference. (Ms Higgins) even said so herself, that this story was going to be about politics and not about her.

“But it never would have been had the election been made by the complainant in the first place to remain anonymous.”

Ms Cunneen’s comments were echoed by her criminal law colleagues, who dismissed the notion that women would be deterred from reporting crimes due to Ms Higgins’ story.

Sharon Kermath, who has worked as both a defence barrister and for the Office of Public Prosecutions, said discussing Ms Higgins’ rape claims would not discourage victims, because Australian women are aware of the support they can receive.

“I don’t think it’s going to hurt anyone because prosecution support the victims and lawyers support victims through what is such a delicate situation,” Ms Kermath, a four-time finalist for Barrister of the Year, said.

“This political fight in parliament regarding issues of the Higgins matter will unlikely affect victims coming forward.”

Ms Kermath did not dismiss how difficult it can be for victims of assault to speak up, but described the Higgins matter as a “political mess” that is separate from regular cases.

“If a victim has evidence and a good case they should proceed with it,” she said. “That is their choice.”

Another senior barrister, who wished to remain unnamed, told The Australian there were “many measures in place intended to ensure that complainants can feel comfortable coming forward, and courts are eager to oblige”.

“There is legislative framework intended to ensure complainants can feel free to make and proceed with complaints,” the barrister said.

Another lawyer said there were “plenty of protections” to ensure Ms Higgins’ case being discussed publicly would not deter victims from making complaints.