A judge has urged lawyers in a civil university college rape case to sit down with each other and "think about compromise" before the matter goes on for many more days.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
A former Australian National University student, who cannot be named for legal reasons, is suing John XXIII College on grounds it failed in its duty of care to her.
She says she was raped in 2015 during a "pub golf" event, which the college shouldn't have let go ahead, and claims John XXIII head of college Geoff Johnston blamed her for the alleged assault afterwards.
According to court documents, pub golf involved student leaders taping bottles of alcohol to the hands of participants, who would have to drink a certain amount to make "par".
After the cross-examination of the alleged victim wrapped up in the ACT Supreme Court on Friday, Justice Michael Elkaim said "both sides need to think about compromise".
He said the woman had a difficult case to prove if she continued to argue the college allowed the pub golf event to go ahead.
The court previously heard John XXIII had banned pub golf before the college's residents association went ahead with it anyway in August 2015. It also banned other pub-crawl events.
Justice Elkaim said it did appear, though, that one would struggle to understand how some comments Mr Johnston made to the woman "were reasonably said".
The case's statement of claim said Mr Johnston told the woman words to the effect of "I'm not really sure that anything did actually happen in the alleyway", and, "another concern is how you managed to get that drunk".
The woman said Mr Johnston, acting on behalf of the college, blamed her for the alleged sexual assault. She said both John XXIII and the university mishandled her report of rape.
John XXIII's lawyers have largely rejected the woman's version of events, including her account of what Mr Johnston said. They maintain he acted properly in his handling of the woman's complaint.
Justice Elkaim said although his suggestion for lawyers to think about compromise was made in the preliminary stages of the hearing, "it seems to me that both sides have very good reason to talk to each other".
READ MORE:
The court heard on Friday the woman told police she'd been raped after the alleged incident, but didn't pursue the matter further.
She said she understood in early 2016 that the alleged perpetrator's parents had been threatening legal action against her. Lawyers for John XXIII said the alleged rapist's parents were actually threatening the college with legal action.
The woman was also initially suing the college's residents association, but reached a consent judgment with it on Tuesday.
Court documents said pub golf had been one of many events John XXIII's residents association arranged. The other events included "penis peninsula", "tour de capital" and "kill a keg".
The matter returns to court next Monday.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
