Chief Justice apologises to women sexually harassed by judge

Victorian Supreme Court Chief Justice Anne Ferguson has apologised on behalf of the court to two women who were subjected to “reprehensible” sexual harassment during their time working as associates to a now-retired judge.

Two independent reports commissioned by the court, and led by barrister Kate Eastman, SC, found the women experienced unwelcome sexual advances from the judge, who was 40 years older than them. He also subjected them to unwelcome conduct of a sexual nature and unfavourable treatment in their employment because they were women.

The judge has since retired from the Victorian Supreme Court.Credit:

Chief Justice Ferguson said as she read the reports she was “struck by the horrible impact of these actions”.

“The employees experienced panic, feelings of being powerless, embarrassed, trapped, anxious, deeply uncomfortable, distressed, intimidated and fearful for their employment and future careers. The behaviour of the judge was wrong and reprehensible,” she said.

Chief Justice Anne Ferguson.

“I am profoundly sorry that the behaviour the women endured occurred. It should never have happened. Every person who works in and with our court has a right to feel safe. They must be able to feel that they are respected and can trust everyone in their workplace.”

The women requested The Age not name the judge because doing so could identify them. Chief Justice Ferguson also did not name the judge, who retired from the bench before Ms Eastman began her months-long investigation last August.

He denied to Ms Eastman that his conduct amounted to sexual harassment, a denial she rejected.

“Based on the information provided by [him], it is apparent he had no insight about the appropriate boundaries and that his conduct transgressed those boundaries,” she found.

The women described persistent and unwanted sexual advances by the judge. One woman, “Janet”, described how the judge “insisted” on taking her to dinner. Afterwards, in the back seat of a car, he slid his hand between her thighs. She told Ms Eastman that when she got home she broke down and had a panic attack.

The other complainant, “Lisa”, told Ms Eastman the judge repeatedly sent her poetry – one illustrated with Amor Vincit Omnia by Italian painter Caravaggio – and asked her out on dates.

The behaviour of the judge was wrong and reprehensible

Ms Eastman contacted the judge in August 2021 to advise she was investigating the women’s complaints. Despite being warned against contacting them, he wrote a two-page letter to a general email inquiry account at Lisa’s workplace, Ms Eastman said, describing his sexual impotence during the period they worked together, her youth and beauty, and declaring: “If falling in love with you was and remains a crime, I am guilty.”

The judge defended his behaviour, insisting to Ms Eastman he and Lisa were simply “close adult friends”.

Chief Justice Ferguson thanked the women for coming forward.

“I know that was not easy,” she said. “I acknowledge the trauma they have experienced.

“Although we know how hard it is to make a complaint, we encourage people to speak up when they experience or witness inappropriate behaviour. We will investigate any complaints, past or present. Anyone who reports sexual harassment will be supported and treated fairly.

“This unacceptable behaviour must stop. Apologies are not enough. The responsibility to change culture and put measures in place to stop it happening lies with us. ”

The women’s lawyer, Josh Bornstein, said they welcomed the reports’ findings and would pursue compensation claims.

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