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Why are women absent from Melbourne Law School’s upcoming ‘conversation’ about sexual assault in the legal sector?

12/5/2021

 
Picture
As a law student, I have attended countless MLS events. Normally, they are enlightening and distinguished.
But, when I recently received an email promoting a conversation on sexual assault in the legal sector, I was shocked by the sole listed presenter – The Hon Kenneth Hayne AC QC.

Hayne is a formidable judge, and I would not blink an eye if this event had him speaking to one of his areas of expertise – the Banking Royal Commission, for example.

However, he is not someone who has demonstrated expertise or experience of sexual assault. Nor, is he someone that has been victimised by the glass ceiling, or boys’ club mentality rife in the legal profession. In fact, Hayne has explicitly benefitted from these things. His marriage to Michelle Gordon, whom he met when she was his instructing solicitor 20 years his junior, validates and encourages the culture of senior men making advances on young lawyers. It has clearly worked out for this so-called “power-couple”, but the vast majority of older men who hit on their younger female colleagues do so unwelcomed, and it turns into sexual harassment or assault far too often.

Why did MLS think it was a good idea to have a conversation about sexual assault in the legal profession, but have the sole presenter be a man, and someone with the seniority and background of Kenneth Hayne at that? People with structural power should not be the voices we give a platform to when it comes to discussing issues which overwhelmingly affect those without structural power. Women make up the vast majority of sexual assault victims, and men make up the vast majority of offenders. This appointment reinforces the sexism in the legal profession that gives rise to sexual assault, while piggybacking off sexual assault victims’ trauma. It is virtue signalling at its most transparent.
As a woman, almost every woman I know (including myself) has a story of sexual assault or harassment. MLS could have reached out to nearly any female solicitor, barrister, or judge to speak on this topic, and they would have been able to speak to first-hand experience of being victimised by the male-dominated legal profession. It comes as no surprise that women’s voices are being sidelined and silenced once again, but it is particularly egregious that this is categorically a women’s issue and women are not present. As a side note, I was recently made aware that MULSS President, Thea Stephenson, will be facilitating the conversation with Hayne, but she is not even mentioned in the event’s public description. Any expertise or experience she may have in sexual assault in the legal profession was apparently considered less important to MLS in promoting this event than Kenneth Hayne and his decorated history (none of which speaks to expertise in sexual assault). In any case, an MLS student speaking to Kenneth Hayne still ignores the voices of women who have first-hand experience of working in the legal profession. Hayne is undeniably presented as the star of the show and his credentials far exceed that of his female support act – that is hardly progressive. It’s not good enough.

Even putting to one side Kenneth Hayne’s identity, how is he the expert that we should be hearing from about sexual assault in the legal profession? There is nothing in the event description that suggests Hayne can give expert insight into sexual assault. Hayne worked alongside Dyson Heydon in the High Court for Heydon’s entire High Court tenure, yet claims he had no idea about the numerous sexual assault allegations Heydon was the subject of. When sexual assault is an “open secret” in the legal profession, why is Hayne the expert on it if he was apparently too blind, or wilfully ignorant, to notice Dyson Heydon harassing his own associates? 

I question what Kenneth Hayne thinks he has to offer on the topic when he has no notable experience in advocacy for the victims of sexual assault. It seems as though all Kenneth Hayne has done on the subject of sexual assault in the law is stress his ignorance and innocence as to its occurrence. He has also expressed platitudes to the media about how there is ‘no honour in protecting the perpetrators of sexual harassment’ -  sure, but we need to stop valorising men for doing the bare minimum. Especially when it takes a speaking platform away from a woman; someone who may have actually been victimised by the misogynistic and patriarchal institution that Kenneth Hayne sat in the highest office of for nearly two decades.

If Hayne really wants to be an advocate against sexual assault in the legal profession, he should stand aside and let its victims speak.

Fiona Bucknall is a final year Monash law student.

​
MLS, MULSS, and The Hon Kenneth Hayne AC QC declined to comment on this article.
The views in this article do not necessarily reflect the views of De Minimis or its Editors.
Chico Ramonos
12/5/2021 09:21:08 am

I did find it surprising Ken Hayne would be the speaker on this topic despite the circumstances of his entering a relationship with his wife, as well.

NPJ
12/5/2021 09:22:31 am

I had similar thoughts when I saw the event. Why is a successful female identifying lawyer not speaking (women have made up over 70% of law grads since the early 80s)

Love that De Min is hosting a wide range of opinions from across all law schools.

.
12/5/2021 09:26:09 am

This is a terribly flawed argument on what is a very positive, necessary and critical event that MLS is hosting. Not only are women not “absent” from the conversation, given that it is being run by a fantastic woman-identifying LSS president, but to suggest that a male in the legal profession speaking out on sexual harassment has nothing to offer the conversation is ridiculous. Men are the perpetrators of sexual harassment against women in the legal profession. This means that men inherently have a grave responsibility, and a critical part to play, in stamping this out and calling other men in the profession to be vocal in the same way. Therefore, Kenneth Hayne has plenty to “offer” the conversation.

-
12/5/2021 09:35:11 am

Completely agree. Change also needs to be actuated from the top. His Honour is in a very powerful position to speak out on change, and that should be encouraged. His Honour, compared with some High Court judges of the past, has a plethora of integrity, so the choice of a male former High Court judge to speak was a good one.

The common law man
12/5/2021 10:06:06 am

What is a plethora of integrity?

What could that phrase mean?

This comment was not sponsored by the LSS.

You're just supposed to lick the boot
12/5/2021 10:50:01 am

If you say "His Honour" three times in front of a mirror, Hayne will appear and tell you he's proud of your comment.

-
12/5/2021 11:20:45 am

Very constructive comments on display, well done

//
12/5/2021 09:46:48 am

I'm sure Thea will bring an excellent perspective from a younger woman-identifying person, but she can't speak for the experiences of women within the law, nor can Justice Hayne, which is a large part of what this conversation is about. There should have been a more senior woman invited to speak to her actual experiences. Men have a responsibility to be part of the conversation, but they cannot speak for women in this discussion.

///
12/5/2021 09:51:47 am

Saying that there should ALSO be a female speaker for the profession is one thing. Saying that Ken Hayne has nothing to offer is another thing. The piece is framed poorly

//
12/5/2021 09:59:16 am

in reply to ///: sure, you might disagree with the way the piece is framed but I don't think that really invalidates the underlying lack-of-representation problem that this event has (and that this piece ultimately points out).

1 in 6 men
12/5/2021 09:44:04 am

Fiona, you appear to be unaware that boys and men are also frequently victims of sexual assault. I do not think it is appropriate to assume and dismiss someone's life experiences based purely on their gender or professional success.

As mentioned, you "would not blink an eye if this event had him speaking to one of his areas of expertise – the Banking Royal Commission, for example". But is that the stance we want leaders in our profession to take - to ignore sexual assault? It seems to me that factual, sensible, and appropriate discourse that raises awareness is a good thing. That doesn't necessarily limit women's voices - if done properly then it may foster an environment that encourages victims to share their experiences.

Seriously?
12/5/2021 10:35:38 am

Commenting on an article about powerful men taking up space in the conversation about sexual assault (which disproportionately effects women, despite your attempts at misdirection) to mansplain. Reallllllllll classy

Very Serious
13/5/2021 07:11:05 pm

If disagreeing with Fiona's ridiculous assertion that only those who identify as female are qualified to talk about sexual assault is 'mansplaining', then so be it. Yes, women experience sexual assault and harassment frequently and that's horrendous; however, male, non-binary, and trans people are also victims - and they don't deserve to have their voices silenced.

And life isn't zero-sum. Kenneth speaking about sexual assault does not take a woman's voice - especially if he had chosen another topic as demanded in this article.

We should be encouraging those in power to speak out about sexual assault. Change won't happen if people continue to ignore the problem exists.

//
12/5/2021 11:44:33 am

This comment reeks of ignorance

Another Ignorant Man
12/5/2021 12:51:59 pm

How so? Instead of just resorting to insults, why not explain what you disagree with and change my opinion?

OG //
12/5/2021 12:55:21 pm

(hey I originally used // to reply above - for consistency's sake maybe use another set of symbols or else people are going to thing it is all the same commenter)

Excess of prejudgment
12/5/2021 09:54:51 am

Ok for one, there’s no suggestion that women aren’t being allowed to speak. The nature of the ‘conversation’ is that people will be able to pose thorny questions directly to Hayne, presumably.

Secondly, let’s remember that Hayne was a High Court justice. He has had experience in dealing with a wide range of cases, including sexual assault cases, and has obviously had extensive experience of the legal profession. No doubt he will have interesting things to say. It is highly disrespectful and naive to suggest that just by dint of his gender he couldn’t possibly have anything interesting or insightful to say on the topic. Indeed, as another commenter as pointed out - sexual assault also affects male (and may I add non-binary and trans) victims as well as women. In any case, even if he were focusing on female victims of sexual harassment, I think it is more than a bit prejudiced of you to dismiss everything he says as ‘virtue signalling’ and clearly unqualified before he has even opened his mouth to speak!

Excess of Naivete
12/5/2021 10:37:56 am

Yes I'd love to hear his side of why he ignored Justice Heydon's apparently highly visible sexual misconduct for decades :) He has a lot to teach us about what NOT to do, I'll give you that.

Why don’t you ask him yourself?
12/5/2021 10:52:48 am

Maybe instead of stewing in the comfort of your hot takes and prejudice you could go along and ask him yourself.

Feigned ignorance
12/5/2021 10:56:51 am

He was asked, he said he had no idea. Convenient, isn't it?

James T Kirk
12/5/2021 09:57:36 am

I'm sure Ken Hayne will have some great insights but he does seem an odd choice for this talk. Also odd as the sole speaker - one would expect that MLS/LSS could have invited one of the many accomplished female identifying solicitors, barristers and judges who have dealt with these issues for decades. It would be interesting to have this point raised by Thea during the talk!

.
12/5/2021 10:08:38 am

Comes across as disrespectful linking Hayne's relationship with Gordon to sexual harassment. They've clearly had a respectful and successful relationship. I don't see how it compromises Hayne to speak out about sexual assault because of the circumstances they met, and comes across as a bit out of line to make that an issue.

&&&
12/5/2021 10:16:26 am

Definitely agree with this

NJP
12/5/2021 10:26:17 am

Would be helpful if the LSS clarified whether any women were invited to speak at this event.

Boys' Club
12/5/2021 10:32:29 am

I imagine a lot of these commenters also saw no issue with Tony Abbott naming himself Minister for Women.

If you have more of an emotional reaction about Kenneth Hayne being called out for his questionable acceptance of the main speaking role for a forum on sexual assault than you do about the rampant sexual assault experienced by women in the legal field, then you're part of the problem. Methinks thou doth protest too much - real "nice guy" energy.

Context, anybody, context?
12/5/2021 10:51:02 am

It should not be controversial to invite a former High Court justice to be the main speaker in just one of the many events organised by the law school and the LSS on gender equality and women in the legal profession.

If you haven’t been paying attention, it might interest you to know that this isn’t the only event held on a ‘womens’’ topic at the law school.

Inviting Hayne to speak on this topic isn’t ‘out of place’ or ‘wrong’. This is a law school. Hayne is a former High Court justice. As such he has no doubt gone to good deal of effort to do some preparatory research and it’ll be interesting to hear what he has to say and to ask him questions. If you’re not interested in what he has to say then don’t attend! Go to another event that interests you among the many that the law school organises.

Is it at all comparable to Tony Abbott self-appointing himself as the ‘Minister for Women’ of the Commonwealth of Australia? Not at all, really. A one off speaking position as an invited guest at a law school among a much wider schedule of events is nothing like being a Minister with an ongoing portfolio of duties and responsibilities. I get that confected outrage and baseless ad hominem attacks on your ‘opponents’ might be attractive to some folks, but you can do better than this, surely.

A Straw MAN
12/5/2021 01:08:36 pm

Yeah, nobody here thinks that,

Further and better interrogatories and a particular
12/5/2021 03:29:48 pm

Then what do they think? What do you think?

We're not that different
13/5/2021 06:53:18 pm

Probably the same as you. Except that free speech and hearing from people with a diverse range of backgrounds is important.

Silencing people isn't the answer. We've had centuries of men remaining quiet about sexual assault.

Ramen Emoji
12/5/2021 04:17:43 pm

He's just one very senior person in the legal professional speaking about the issue. It's also just one event on the subject. MLS has hosted (and I'm sure will continue to host) many others that feature women speakers. I imagine most law school's eagerly invite former High Court justices to speak regardless of the topic. Do you think it would be better if he said 'oh no, better stay in my lane' and didn't discuss it?

A lot of us are going to have law careers surrounded by old men who don't know what it's like to experience sexist workplace culture and harassment. Cultural change is slow and painful. They don't deserve cookies for doing the bare minimum but change might be a little easier if they're part of it.

Side Note
12/5/2021 04:55:15 pm

This is a side note but I love how De Min’s reputation among MLS students is so trash they need to go to Monash students for articles.

Kek
12/5/2021 08:35:37 pm

And yet here you are reading the article...

NPJ
13/5/2021 01:35:56 pm

Or how Monash is so trash they have to come to MLS's non official magazine

.
12/5/2021 07:47:11 pm

This is a great article and raises a lot of valid points. Probably something that should have been considered before making the event.

...
13/5/2021 08:35:30 am

This article was published and the poor guy didnt even have a chance to voice his thoughts yet

CANCEL MLS
13/5/2021 06:49:23 pm

Who wants to hear his THOUGHTS if he's a MAN

REEEEEEEEEEEEEEEEE


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