Earlier this week, the ACT finally had its first female Senior Counsel appointed, in Canberra barrister Louise Donohue. It’s an appointment that is drastically overdue. I’m not exactly celebrating, however. We’ve got a very long way to go, and a disgraceful miscarriage of justice of a rape case that went down this week illustrates that picture all too well.
Last April, a student at my university was raped by a taxi driver who had been taking her home from a drunken night out. It was a fairly high-profile case here when it happened, and a lot of us were a lot more wary about taking a taxi alone after it happened. More than a year later, it has finally come up for trial - only to have it suddenly postponed for several months and the jury discharged because the accused decided to sack his lawyers. I’d link to the Canberra Times article, but it’s unfortunately not online.
The victim has already had to give evidence at the committal hearing late last year, and will now have to wait several more months before having to testify again due to this being dragged out. She’s unsurprisingly reported to be very upset, according to the Times. The accused chose to sack his lawyers. Where is the regard for her rights? I wish I was surprised that the decision came from Justice Hilary Penfold, who just as I predicted months ago, is living up to her reputation as the worst and most conservative judge the territory has ever had.
What I also found out from that article - although I really should have known already - is that ACT law requires rape victims to give evidence at every stage of the proceedings. Why the hell are we so far behind in reforming the law in this area? The ACT is so far ahead of the curve on hot-button issues (civil unions, abortion), but on so many issues affecting women, the territory deserves a great big fail.
Which brings me to the second event of this week.
In spite of Canberra’s reputation as a Liberal city, we have the most male-dominated legal profession in the entire country. We have a number of female barristers that lies in the single figures, with women barristers outnumbered by a figure of more than ten to one last I read. The few women barristers that do exist have long been complaining about getting far less than their share of briefs from the government and other major clients. This week, the ACT, very belatedly, and far behind the rest of the country, gained its first female Senior Counsel. It’s where the real money and standing is in the legal profession, and until this week, we had never had a women in that role in this jurisdiction. It’s a problem that further led to the fiasco of Hilary Penfold’s appointment earlier in the year, as the government appeared to bizarrely decide of deciding that an incompentent and viciously conservative woman from interstate who John Howard had brought in to head a government department was better than no woman at all.
In becoming our first Senior Counsel, Louise Donohue deserves serious congratulations for breaking this particular glass ceiling, but what does it say about the legal profession here that it took until 2008 for the ACT to do something most states did ten, twenty, thirty years ago? Why, in a jurisdiction where more than half the law graduates are female, and have been for some years now, do we still have a legal profession where there is such a desperately low glass ceiling, and where those that do are still basically overtly discriminated against? The government and the Bar Association urgently need to clean up their act, for as it is, our law profession is the disgrace of the nation.