Take the Stand: Sydney rapist Boyd Kramer engages lawyers over victim’s story

A Sydney man who was unmasked by news.com.au as a rapist has engaged lawyers to have his victim’s story pulled down.

A Sydney man who was unmasked by news.com.au as a rapist after his victim shared her full story for the first time has engaged lawyers to demand the articles be taken down, citing privacy protections intended to shield victims of sexual assault.

In legal letters sent to news.com.au, lawyers for Boyd Kramer claimed that by publishing the true identity of the woman he raped, news.com.au and journalist Nina Funnell have violated a standard privacy protection.

In NSW, it is an offence to publish a sexual assault survivor’s identity, unless she or he provides written consent.

Kramer’s victim, Madeline Lane, has given full and informed consent over her involvement in news.com.au’s Take the Stand series, which was first published on Monday.

Boyd Kramer engaged lawyers over news.com.au’s stories.

News.com.au received a number of emails from Kramer’s lawyers.

However hours after launching, Ms Funnell and news.com.au received a number of emails from Kramer’s lawyers, demanding we “take steps to immediately take down the article…. (and) take all appropriate steps to prevent any further publication or dissemination of the article”.

The legal threat claimed that by naming Ms Lane, Ms Funnell had breached the statutory non-publication order over the victim’s name, which automatically applies in all sexual offence matters but can be waived with the victim’s permission.

Ms Lane, who has been working closely with Ms Funnell, participated voluntarily in the video interview and provided full consent to all published materials that identify her.

In doing so, the automatic non-publication order on her name is no longer a publication risk.

Ms Funnell, who is a Walkley Award winning journalist, was previously responsible for leading the #LetHerSpeak/ #LetUsSpeak campaign, which successfully overhauled sexual assault victim gag-laws around Australia, making it easier for survivors like Grace Tame and Madeline Lane to be able to choose and control if, where and when their identities are ever made public.

Ms Funnell is considered a leading expert in the issue of sexual assault survivor self-identification in the media, and is a public survivor herself.

Madeline Lane has given full and informed consent over her involvement in news.com.au’s Take the Stand series.

Nina Funnell is considered a leading expert in the issue of sexual assault survivor self-identification in the media. Picture: Nicki Connolly/news.com.au

“It’s nice that Mr Kramer appears concerned about his victim’s privacy, but as with other matters, he’d do well to pay attention to her wishes instead,” Ms Funnell said.

“Yet again he seems to have overlooked the central importance of a woman’s consent. It’s obviously not a strong suit.”

In 2022, Kramer was found guilty of raping Ms Lane after she visited his Mosman apartment.

Kramer was facing up to 14 years jail, but in a decision which has shocked the community, Judge John North handed the former water polo player just 300 hours of community service meaning he would not spend a night behind bars.

Ms Lane is now speaking out as part of news.com.au’s Justice Shouldn’t Hurt: Take the Stand campaign and is pushing for multiple reforms to make the criminal justice system less traumatising for sexual assault survivors.

Rape and Sexual Assault Research and Advocacy chief executive Dr Rachael Burgin said Kramer’s actions of engaging lawyers to demand his victim’s story be pulled down shows “he has no remorse”.

“I have no doubt that Madeline Lane would have worked very hard to tell her story and it would not have been easy, but she is fighting for an important principle which matters to her,” said Dr Burgin.

“If he was genuinely sorry, he would respect her right to tell her story on her terms. Instead he has engaged lawyers and thrown his power and money around, seeking to get his way.

“This is self-interested behaviour. It’s an extension of the abuse of power and control that is inherent in rape. He is demanding things his way, with no regard for what his victim might want, or what is important to her.

“His behaviour continues to be entitled, arrogant and aggressive. If he were genuinely remorseful he would understand and respect her right to choose.”

Dr Burgin, who is a senior lecturer in criminal justice at Swinburne University says that Ms Lane deserves community support.

“He thinks his reputation is worth more than justice for Madi,” she said.

“She deserves all the credit in the world. We should support her by sharing her story as far and wide as possible.”

Originally published as Take the Stand: Sydney rapist Boyd Kramer engages lawyers over victim’s story