Statement on allegations against the Australian Attorney-General
The Human Rights Law Centre believes there should be a proper, fair, prompt and independent inquiry into the allegations against the Australian Attorney-General Christian Porter.
A woman complained to police that in 1988 she was raped by Christian Porter, who is now the Attorney-General. She wrote down what happened and spoke to friends about it. She then took her own life. Because of her death, any criminal investigation of the allegations will not proceed.
Those allegations are now public. The Attorney-General has denied the allegations. Both he, and the Prime Minister have rejected calls for an independent inquiry, saying it would undermine the rule of law. We disagree.
Allegations of sexual assault must be taken seriously. Serious questions around the conduct, integrity and character of the person serving as Australia’s Attorney-General must be addressed.
While the legal system is improving, it too often fails victim survivors of sexual abuse. Few sexual assault crimes are reported to police. Even fewer are prosecuted or result in a conviction. It takes great courage to complain to police and seek justice. The fact that a police investigation or prosecution does not proceed does not necessarily mean the events did not occur, just that they cannot be proved to the rightly high criminal standard of proof.
There are many situations where it is appropriate for a court proceeding or other inquiry to proceed, aside from any criminal justice process. These include cases seeking compensation and inquiries by professional bodies and employers to determine whether someone’s professional qualification or employment should continue. These cases rightly use a lower civil standard of proof.
It would not undermine the rule of law for the Prime Minister to establish an independent inquiry. On the contrary, it would serve the interests of justice. The office of Attorney-General is responsible for the federal justice system, Commonwealth laws and recommending judicial appointments. The Attorney-General is required to make critical judgments about the administration of justice, including deciding in whether certain criminal prosecutions should proceed.
There should be an independent inquiry immediately.