Bri Lee’s Inspirational Public Lecture
This evening, Bri Lee, author of the 2018 prizewinning memoir, ‘Egg Shell Skull’, delivered a public lecture at James Cook University (Cairns). We were very pleased to have attended.
Topics Covered in Her Lecture
Bri spoke engagingly about her book, her time as a judge’s associate, as well as her experiences as a complainant in a sexual assault case.
She also spoke about her current advocacy to reform Queensland’s outdated rape law. This law allows a person accused of sexual assault to rely on the defence that ‘they had a mistaken but honest and reasonable belief that sex was consensual’.
Impression
Bri Lee came across as a very bright, eloquent, committed and brave young woman. I was particularly impressed with her capacity to see the big picture.
Her criticisms of the legal system are noteworthy
Victims Not Legally Represented
She attributes at least some of the trauma suffered by complainants in sexual assault cases to them not being legally represented. This from the fact that they are regarded as mere witnesses. As Bri observed, while the defendant’s interests are represented, and the court’s are provided by the prosecution, no one protects and represents the interests of the victim.
I agree with her, and hope that separate representation of sexual assault victims is adopted. Victims clearly need to have their interests represented separately. Contrary to public perceptions, the role of the Prosecution is not to convict or act on behalf the victim. It is to ensure that the court has all the evidence.
The introduction of separate representation of children in family court proceedings is somewhat analogous, in that it recognises that the interests of children are not necessarily protected by the lawyers representing the parents.
Law’s Focus on Earlier Case’s Hinders Reform and New Laws
Bri also presented an interesting and convincing argument about why our legal system’s reliance on past cases to determine ‘the correct’ law and reasoning can hinder the determination of what the law should be.
She illustrated this by noting that the Qld Law Society and Bar Association submissions opposing the reform of the current defence to rape law contained much reference and reliance on past cases. Noting how legal attitudes to women and sex had until recently oppressed women and privileged men, makes reliance on past cases particularly inappropriate.
Listening to her, I could not help reflecting on legal education, which continues to teach future lawyers to find answers to contemporary disputes by looking to the past.
Bri Lee’s Book ‘Egg Shell Skull’
Those unfamiliar with Bri’s book may also wish to read my August 2018 review.