The extent of workplace sexual harassment was well-known before shocking allegations about Dyson Heydon's conduct took over our front pages. Results from the 'Everyone's Business: 2018 Sexual Harassment Survey' conducted by the Australian Human Rights Commission (AHRC) indicate that 33 per cent of people who had been in the workforce in the previous five years said they had experienced workplace sexual harassment. The trajectory is worsening. In the equivalent survey conducted in 2012, that figure was 25 per cent; in the 2003 survey, it was 10 per cent.
The problem is endemic in the legal profession. In 2018, a survey conducted by Women Lawyers NSW found that more than 70 per cent of female lawyers surveyed in NSW reported being sexually harassed, with many saying they were subject to unwelcome touching, objectification and repeated advances in the workplace or at social events.
Before a sexual harassment allegation is reported, a victim must reach out and tell someone what has happened. This is profoundly difficult for many victims of sexual harassment. Feelings of confusion and shame combine with fear about what might happen to their career and livelihood if they speak out. For those reasons, the first person they turn to is often someone they feel can be trusted to just listen. A confidant.
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The Dyson Heydon allegations contain an example of a particularly brave confidant. When Sharona Coutts was approached by her friend, another associate at the High Court, Rachael Patterson-Collins, immediately after she allegedly experienced an incident of sexual harassment from then Justice Heydon, Ms Coutts provided support and took action. She helped facilitate a complaint being made promptly to someone with the capacity to respond and she was able to give a detailed account of her observations of that night to investigators. Given the alleged incident occurred in a private setting, away from witnesses, this was particularly important.
I was also an associate to Dyson Heydon. While I was not a victim of sexual harassment, I can readily understand the immense courage it took by both of these women to speak up. The power differential between associate (often recent law school graduates) and high court justice is unparalleled. The privilege of the opportunity to work in that environment is overwhelming. In many cases, like this example, being a confidant requires bravery. In all cases it means acting with integrity and moral diligence.
We are all potential confidants. But not all of us are naturally well-suited to that role. It requires an understanding of what constitutes sexual harassment and the ability to listen without judgment. For some of us, this will be difficult. Our prejudices and beliefs affect our ability to recognise sexual harassment as well as our capacity to respond appropriately when confronted by it. The 2017 National Community Attitudes to Violence against Women Survey found that one quarter of Australians saw no harm in telling sexist jokes, and that 23 per cent of Australians believed women find it flattering to be persistently pursued, even if they are not interested.
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While the Dyson Heydon allegations have faded from the headlines, sexual harassment in the workplace will not magically disappear. Change is needed and much is already underway. The AHRC's report into workplace sexual harassment released earlier this year is impressive policy and a powerful blueprint for organisational and legislative reform. Bar associations, law societies, and other organisations, including Women Lawyers NSW, are involved in addressing the specific issues surrounding sexual harassment in the legal workplace.
But leaving the reform and cultural change to those who run our institutions, governments and peak bodies is not enough. As individuals we each have a responsibility to be prepared to respond with courage and sensitivity if a colleague, friend or sister confides in us about an experience of sexual harassment. We also have a responsibility to make ourselves someone to whom our friends and colleagues would feel comfortable approaching in the first place.
Preparation is simple. Spend a little time online and familiarise yourself with the AHRC's definition of sexual harassment. Read the sexual harassment policy of your organisation or industry. Remind yourself of the steps for making a formal complaint in your workplace. Practice at being gentle. Reflect honestly on your own attitudes and assumptions towards sexism and sexual harassment. And remember that the most important thing that you can do for a person who is brave enough to talk about their experience of sexual harassment, is to match their courage and listen without judgment.
