Your questions about how the media reports on sexual assault, answered
There's been a lot of reporting this week about Brittany Higgins, the woman who accused a male staffer of sexually assaulting her in Parliament. But the way Australian media reports these types of stories can be frustrating. Why name Higgins, but not the man involved? And why do we have to say 'alleged' and 'accused'? Does that mean we don't believe Higgins?
SAY HELLO TO AUSTRALIAN MEDIA'S WORST ENEMY: DEFAMATION LAW
In 2015, an Australian tabloid magazine wrote an article saying actress Rebel Wilson had lied about her age, real name and childhood. Wilson took them to court, accusing the magazine of defaming her. Following the initial court decision, the magazine was forced to pay Wilson a massive $4.7 million.
Defamation is where a person or small business accuses someone of publishing or distributing information - usually false - that damages the person or small business' reputation. For example, a magazine distributing the false information that Rebel Wilson lied about her age, real name and childhood.
WHAT HAS THIS GOT TO DO WITH REPORTING ON SEXUAL ASSAULTS?
Over the past few years, sexual assault reporting in Australia has been ruled defamatory by the courts. Australia's defamation laws mean the media has to not only report the truth, but be able to prove it in court. And proving a sexual assault occurred is notoriously difficult: often it's just he-said-she-said.
Sometimes, the media tries naming the person accused of sexual misconduct. They know it will expose them to a defamation lawsuit, but think they can fight the lawsuit by proving, in a court of law, that what they're reporting actually happened. It's a tall ask. Not only does the person have to be comfortable with the news story getting out, they usually need to be prepared to defend what they claim on the witness stand in any upcoming defamation trial.
AUSTRALIAN MEDIA HAS TRIED NAMING ALLEGED SEXUAL OFFENDERS, BUT IT HASN'T GONE WELL
Geoffrey Rush v Daily Telegraph: Daily Telegraph ordered to pay $2.9 million
Chris Gayle v Fairfax Media: Fairfax ordered to pay $300,000
Craig McLachlan v Fairfax Media and ABC: yet to be determined
That's the reason why in all the reporting this week about the man alleged to have sexually assaulted Brittany Higgins, the media has been able to name her but not him. One of the main ways news outlets avoid defamation lawsuits is by not revealing the identity of the alleged offender.
It's also the reason why every news article you read about an apparent crime writes that it was an "alleged" sexual assault, or that the man was "accused" of sexual assault. If the news outlet went ahead and said the man had sexually assaulted someone before it was proven in court, they would be exposed to an expensive future defamation lawsuit.