‘Rape’ victim failed
Abuse lawyer says government’s handling of complaint a ‘disgrace’
A TOP abuse lawyer who acts for the father of the deceased complainant in George Pell’s sex assault trial says Gold Coaster Brittany Higgins could launch civil action against her alleged rapist and the federal government.
Shine Lawyers national practice manager Lisa Flynn said the young Liberal staffer, allegedly raped in a parliamentary office, “would be well within her rights to investigate civil legal action against her alleged perpetrator”.
In a damning assessment of the government’s handling of the complaint, Ms Flynn said: “The leaders of our country should be ashamed. It shouldn’t take a brave alleged victim to expose the government’s archaic and shameful response to sexual assault.”
She said if Ms Higgins could prove she had been “further damaged” by the government’s handling of her complaint, she could potentially take legal action for a breach in its duty of care.
“The government’s complete failure to support Brittany sets a disgraceful example for all Australian employers of exactly what not to do when a sexual assault is reported,” Ms Flynn said.
She said Shine Lawyers last year represented a student who successfully sued an Australian National Universityaffiliated college after a court found she was raped in an alleyway during a hazing ritual.
Ms Flynn said the case against Canberra’s John’s College set a precedent for courts to “hold those with a reporting duty of care to account if they don’t act appropriately” following disclosures of sexual assault.
“We have successfully acted for rape victims who were further traumatised by an organisation’s lack of response to their disclosure than the rape itself. Not being supported or believed after disclosing a sexual assault can significantly impact a victim psychologically,” Ms Flynn said. “Nothing should be swept under the carpet, no
matter how intoxicated a victim was or wasn’t. Nobody, male or female, can consent to sexual intercourse if they are intoxicated.”
The comments come after Ms Higgins on Monday went public with allegations she was raped on March 23, 2019, in Defence Minister Linda Reynolds’ office by another staffer just weeks before the last federal election was called.
Ms Higgins, who was 24 years old at the time, yesterday revealed she felt there were people in the Morrison Government who “didn’t care” about her experience, and only “cared about the (Liberal) party”.
The woman, who is originally from the Gold Coast, waived her right to anonymity to tell her story about the alleged incident at Parliament House.
Ms Higgins alleges the assault happened after an evening of drinking with colleagues, when she was four weeks into her new job working for Ms Reynolds.
After arriving in Ms Reynold’s office, Ms Higgins said she began to feel unwell, and lay down on the couch.
She alleges she later woke up to the Liberal staffer having sex with her.
Later, she was brought to a formal employment meeting about the incident in the room where she was allegedly raped.
“All employers have a duty of care by law to act immediately following allegations of sexual assault. Interviewing a victim in the same room where their assault took place flies in the face of all traumainformed protocol and procedure,” Ms Flynn said.
Ms Higgins studied public relations and business at Griffith University.
The lifelong Gold Coaster was drawn to politics after a mentorship program through the university.
She previously interned with Bonney MP Sam O’Connor before working with former Moncrieff MP and Minister for Defence Industry Steven Ciobo prior to her appointment at Ms Reynolds’ office.
Despite reporting the incident to the Australian Federal Police, Ms Higgins did not make a formal complaint.
She has said she chose not to go through with the complaint to protect the Liberal party and her “dream job” on the eve of the election.
“It was just about my job. If it had happened on a street corner away from parliament there was no doubt in my mind. Of course. Of course,’’ Ms Higgins told news.com.au
THE GOVERNMENT’S COMPLETE FAILURE TO SUPPORT BRITTANY SETS A DISGRACEFUL EXAMPLE FOR ALL AUSTRALIAN EMPLOYERS OF EXACTLY WHAT NOT TO DO WHEN A SEXUAL ASSAULT IS REPORTED
SHINE LAWYERS NATIONAL PRACTICE MANAGER LISA FLYNN