Damning sexual misconduct report: Half of women working in SA law sexually harassed

A female lawyer received texts from magistrate imagining her ‘kneeling between his legs’ as he sat at the bench.

Roughly three-quarters of the instances of harassment identified happened in the office and involved lewd comments, sexual propositions including repeated requests for affairs, touching and the sharing of suggestive or pornographic material. Picture: Supplied.

A female lawyer was sexually harassed while appearing in court by an Adelaide magistrate who sent her texts during a trial saying he was imagining her “kneeling between his legs” while he was sitting on the bench.

Another female legal professional who approached a judge about serious harassment by a barrister says the judge responded by saying he wanted to throw her to the floor and “f***” her because he loved “strong women”.

These are among the damning findings of a major report into sexual misconduct within the South Australian legal profession which found just over half of women working in the law in SA have been harassed, with 285 cases of harassment identified.

Too afraid to report

Seven women even say they were sexually assaulted while at work, with a common theme emerging across all the harassment cases of women being too afraid to report the matter because the offenders were more senior.

The report, prepared by Acting Equal Opportunity Commissioner, was based on first-hand accounts from 346 women and 140 men working in SA’s legal profession.

It found that 56 per cent of the women and 13 per cent of the men had been harassed, with the male respondents mainly being pressured to have affairs by senior female lawyers.

The breakdown of respondents is notably quite senior — the majority are working as associates, solicitors, partners and senior partners — and one-third of the respondents worked in law firms and one-quarter in government.

Roughly three-quarters of the instances of harassment identified happened in the office and involved lewd comments, sexual propositions including repeated requests for affairs, touching and the sharing of suggestive or pornographic material.

Goes right to the top

The findings show that harassment goes right to the top of the SA legal profession, and even suggests it may be more prevalent at the top as 69 per cent of respondents said they would not take any action about what they endured because the perpetrator was more senior.

The report paints a picture of men who think they can get away with their misbehaviour and are in some cases so brazen they will do it in front of other colleagues.

SA Attorney-General Vickie Chapman says the extent and nature of harassment within the legal profession is alarming. Picture: Roy VanDerVegt

This includes one former judge, whose victim had this to say after she approached him with concerns about thew behaviour of a senior barrister:

“I was locked in a car on the way to a client function and verbally assaulted by a special counsel at the firm,” the woman told the Commission.

“He told me all the ways he would have sex with me in the car. He never touched me, but did not stop explaining what he would do to me despite my protests.

“The judicial officer agreed with me when I said he would not have done that to a male barrister. He then said to me, in front of colleagues at the bar and overheard by waiting

staff, “I would like to throw you on the floor and f*** you now, I love strong women.”

Harassed by magistrate

The report also described how one woman was harassed while in court.

“I have seen and also experienced many uncomfortable situations from men in the office,” the woman said.

“I was absolutely shocked, however, to be continually harassed by a Magistrate. I remember being in his courtroom one morning whilst he was presiding over a matter and he was texting me inappropriately during the case. He said he was imagining me kneeling between his legs at the bench.”

The report into the legal profession was demanded by Independent MP Connie Bonaros who was herself the victim of an alleged assault by former Liberal MP Sam Duluk at a Parliament House Christmas Party in 2019.

Attorney-General Vickie Chapman said she was disturbed by the report and promised to act on its 16 recommendations which includes mandatory harassment programs, the updating of anti-harassment policies across the legal profession and better mechanisms for people to come forward with our fear of reprisals from those in authority.

“This review is an unpleasant read, but a crucially important document,” Ms Chapman said.

“The extent and nature of harassment within the legal profession is alarming and must be addressed.

“The fact that nearly half of the respondents who’d experienced some form of sexual harassment didn’t report it because they were concerned of the impact it may have on their careers is unacceptable, and should not happen in a contemporary workplace.”