Yahoo Finance Victorian magistrate who suggested alleged rape victim had ‘buyer’s remorse’ is counselled
A Victorian magistrate who described a woman as having “buyer’s remorse” when she reported an alleged rape has acknowledged the “shortcomings” of his approach and been counselled by the chief magistrate – but will not face further reprimand.
Magistrate Richard Pithouse was also investigated for saying a family violence victim had a “right to be beaten up” and for failing to stop at the scene of a traffic accident.
The judicial commission of Victoria released a statement on Tuesday that outlined its investigation into Pithouse and the recommendations it had made to the chief magistrate, Lisa Hannan, regarding his conduct.
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“Chief Magistrate Hannan personally counselled the officer [Pithouse] in relation to appropriate judicial conduct and also engaged a retired judge of the county court to assist,” the commission said in a statement.
“The officer was counselled on the need to exercise sensitivity, courtesy and respect towards all court users including victim-survivors of family violence. The officer accepted the criticisms of his conduct and acknowledged the shortcomings of his approach [and] actively engaged in the mentoring process.”
The commission finished its investigation into two complaints and one referral concerning Pithouse in April 2020.
It found that Pithouse made several improper statements in October 2018 during a victims of crime assistance tribunal (Vocat) hearing involving a woman who alleged she had been raped.
He said “intoxication is not an excuse for the purposes of the tribunal”; that the victim “put herself in that position”; and “there is an old adage that you can’t profit from your own malfeasance”.
Pithouse suggested it was “buyer’s remorse” when the woman’s lawyer said she called a sexual assault crisis line the morning after the alleged crime.
Six months later, Pithouse sent a “highly inappropriate” tweet stating: “It’s the same situation when the legal representatives in a VOCAT matter don’t bother preparing a case by reading the police material which necessitates even further delay for alleged victim. People who live in glass houses …”
He did not name the proceeding but tagged, or copied in, relevant lawyers and a media outlet. The context of the tweet was unclear.
The commission found, separately, that Pithouse’s failure to stop at the scene of a road accident in Melbourne’s inner west in September 2017 was “not a momentary lapse in judgement but a conscious decision” and displayed “moral turpitude” which diminished public confidence in him and brought the office into disrepute.
When a man accused of family violence made a bail application in 2017, Pithouse, expressing frustration that the man’s victim had not made a statement about the incident, said: “Well, it’s her right to get beaten up if she wants to, I suppose, but, yes, go on” and “she won’t make statements, she won’t make complaints, what am I to do?”
The commission found the comments inappropriate and insensitive and said they appeared to blame the victim.
Pithouse spent 22 hours being mentored and coached by a retired county court judge, the commission said, who also listened to recordings of his hearings at random to ensure standards were being met.
Victoria’s victims of crime commissioner, Fiona McCormack, said on Tuesday that victims should never have their experience “trivialised or disregarded”.
She said sexual assault and family violence were significantly underreported for various reasons including the fear of being blamed or retraumatised by the system.
“To increase these victims’ trust in the justice system, it’s critical that those who interface with victims are trained so they have a comprehensive understanding of the challenges victims face,” McCormack said.
“There is a need for a continued focus on requiring legal professionals, including judicial officers, to undergo training to improve attitudes and understanding of victimisation, trauma and the ways in which the justice system can cause additional harm to victims of crime.”
McCormack said victims needed to hear the right messages from leaders including judicial officers, police commissioners and politicians. “What leaders say in the public sphere will influence whether victims feel they can trust the system,” she said in a statement.
The commission’s report has been provided to the complainants and referrer.
Victoria’s then-attorney general, Jill Hennessy, referred Pithouse to the commission in 2018, saying his comments were not in line with community expectations and “have caused distress to sexual assault survivors”.
