Class action: ‘Widespread, systemic’ sexual violence alleged in ADF
The Australian Defence Force has been slapped with legal action alleging widespread and systemic rape, physical abuse, sexual harassment and discrimination of female members.
The Australian Defence Force has been slapped with a class action alleging female members were the victims of widespread and systemic rape, physical abuse, sexual harassment and discrimination.
The suit, on behalf of four lead applicants, was filed in the Federal Court in Sydney by class-action law firm JGA Saddler, and is backed by litigation funder Omni Bridgeway.
The firm believes thousands could join the action, and is calling on women who faced sexual violence and abuse since 2003 to come forward and have their voices heard.
The four women, whose names have been redacted, include one who served in uniform who alleges she woke up naked, scratched and bruised after leaving an on-base party with four male ADF members, without knowing how she returned to her room.
After accusing one of the men of sexual assault, she was allegedly escorted around the base “in a way that brought attention to her situation”, and received abusive messages from male colleagues.
Another of the women, a RAAF member, alleged she was subjected to unacceptable behaviour on a daily basis, including from one male colleague whom she accused of regularly “rubbing his groin against her body and she could feel his erect penis (and) running his hand from her waist to armpit touching the side of her breast”.
After she made a complaint, he allegedly threatened her, saying: “If you cross me, I’ll kill you.”
The woman says she was sent hostile emails claiming she was “sick, and hurting the branch”, while an email was sent to her entire unit containing statements of support for the alleged perpetrator.
Another woman said that as a new navy recruit she was subjected to “daily lewd comments”. She alleges that later in her career, while serving on a patrol boat, she was forcibly kissed and groped, and branded a “slut” who “puts out”.
The legal action comes as the government grapples with the fallout from last year’s Royal Commission into Defence and Veteran Suicide, which heard evidence that 800 female ADF members had reported sexual assaults in a five-year period, while 52 per cent reported experiencing unacceptable behaviour in the preceding 12 months.
JGA Saddler lawyer Josh Aylward said the class action was a call to arms for women who continued to face sexual violence in the military, despite multiple high-profile investigations and reports.
“The threat of war often isn’t the biggest safety fear for female ADF personnel. It is the threat of sexual violence in their workplace,” Mr Aylward said.
“They have signed up to defend their country, not to fight off fellow ADF personnel on a daily basis.
“Australians will be shocked by the reports of sexual violence and harassment, victimisation, rape and physical threats, but even more disturbing are the brutal assaults against those women who dare make a complaint.”
He said the case was a call for accountability and change.
“It should be noted that these are not historic cases, these are incidents happening as recently as the last 12 months across the country. The ADF has done very little to protect those who protect us,” Mr Aylward said.
Omni Bridgeway senior manager Niall Watson-Dunne said: “The Australian Defence Force has been in a continuous cycle of controversies involving sexual harassment against its female members and we are backing this class action to empower these courageous women in pushing for meaningful, real-world change.”
The Defence Department said it was aware of the class action, and that all ADF personnel had a right to be respected at work.
“There is no place for sexual violence or misconduct in Defence,” it said in a statement.
“Defence is developing a comprehensive sexual misconduct prevention strategy, which we are working to implement.”
It said new “stop sexual harassment directions” had also been developed to support immediate action when there was a risk of sexual harassment.
“Defence has also improved education, training and awareness initiatives, including guidance to managers and commanders on prevention, support and reporting,” the department said.
* If you are a current or former ADF member or a relative in need of support, contact Lifeline 13 11 14, or Open Arms on 1800 011 046.
