The global #MeToo movement has fostered widespread awareness of the prevalence of sexual harassment in a range of workplaces. This section contains a curated selection of the books, articles and podcasts which are likely to be the most interesting or relevant for the Victorian judiciary.
Power & Consent
Rachel Doyle (2021), Monash University Publishing
In recognition of the long-term persistence of sexual harassment, Rachel Doyle SC uses this short book to re-focus away from victim-survivors and to perpetrators. She delineates three red flags for detecting the increasing of risk of perpetration along axes of age, seniority and expectations of secrecy. Doyle advocates reforms to complaints process and procedure including enabling prospective co-complainants to more easily act together, changing the rules of tendency evidence in sexual harassment complaints and formalising bystander obligations.
Jess Hill (2021), 84 Quarterly Essay
In this essay, investigative journalist, writer and producer, Jess Hill, contends that the impact of #MeToo in Australia has been ‘seismic’ and explores sexual harassment across multiple professional fields including the Australian judiciary. Hill reports that lawyer Josh Bornstein is currently representing complainants against five different judges in five different courts. And she emphasises the importance of revealing ‘predatory male behaviour’ in judicial circles where matters of domestic and sexual violence, as well as sexual harassment, are presided over.
Enough Is Not Enough: Reflection on Sexual Harassment in the Federal Judiciary
Olivia Warren (2021), 134(8) Harvard Law Review Forum 446
Olivia Warren worked as a clerk (the American equivalent of an associate) for an American judge, Stephen Reinhardt for one year. During her year, she experienced regular sexual harassment and bullying, including comments on her appearance and relationship with her husband. In this article, Olivia Warren reflects on her experiences both of the sexual harassment itself, and the process and aftermath of revealing the harassment.
Here Olivia Warren testifies about her experience to the US House Committee on the Judiciary.
On Sexual Harassment in the Judiciary
Leah M Litman and Deeva Shah (2020), 115(2) Northwestern University Law Review 599.
This essay argues that individuals have both personal and collective responsibility for the professional norms that allow sexual harassment to occur.
#MeToo: Stories from the Australian Movement
Natalie Kon- yu, Christie Nieman, Miriam Sved and Maggie Scott (eds) (2019), Picador: Sydney, Australia
The Szoke Report emphasizes the importance of listening to the lived experience of victim-survivors of sexual harassment, and recognizses the particular vulnerabilities of minority groups in contexts of power inequality. This compilation broadcasts a range of voices and experiences of sexual harassment in Australia, including that of writer, illustrator, editor and commercial lawyer, Rebecca Lim.
For those interested in stories of lived experience of sexual harassment (in a non-judicial context), Five Women - This American Life podcast details the experience of five women in America.
Judicial Stress and Judicial Bullying
Michael Kirby (2014), 14(1) QUT Law Review 1
This article is based on Michael Kirby’s remarks at the Melbourne Wellness Conference in 2013. Here, Michael Kirby reflects on how the topic of judicial stress has evolved from an unmentionable in the late 90s to a recognized issue. He also considers the stress which judges create for others, through judicial bullying.
#YouToo? Sexual harassment and gender inequality after #MeToo
Diversity Council of Australia (2018)
In this podcast, the Diversity Council of Australia interviews Sex Discrimination Commissioner Kate Jenkins, and journalist and advocate Tracey Spicer, on the nature of sexual harassment and how to eliminate it.