Magistrate Disciplined for 'Victim Blaming' Comments in Swingers' Club Rape Case
"Anyone attending a swingers' event was 'asking for trouble' and 'playing with fire'."
Magistrate Carolyn Burnside has been formally disciplined by the Judicial Commission of Victoria (JCV) for comments she made during a court hearing in December 2024.
The Case
Burnside was hearing an application for an intervention order by a woman who accused her former partner of rape. The alleged assault occurred at a property known as the Pleasure Palace.
The Comments
While presiding over the hearing, Burnside stated that anyone attending a swingers' event was "asking for trouble" and "playing with fire." She also referred to possible attendees as "maniacs."
The Finding
The JCV found her comments were "stereotyping, offensive and unnecessarily critical of the parties' lifestyle choices" and that her language could be perceived as victim blaming.
The Penalty
Chief Magistrate Lisa Hannan counselled Burnside and directed her to undertake additional training.
The Magistrate's Defence
Burnside defended her remarks, citing her experience prosecuting cases involving such events.
Background
- Burnside's Tenure: She has been a magistrate since 2017 and is married to former Victorian attorney-general Rob Hulls.
- 2010 Case: The Court of Appeal found she committed a breach of duty as a prosecutor by failing to disclose information in a child sex case. She was subsequently cleared by the Legal Services Board.
- The Complainant's Reaction: The woman who made the complaint said she felt vindicated but disappointed that her IVO hearings were prolonged and that police initially did not believe her allegations.
- Police Investigation: Police from Mernda sexual offences and child abuse investigation team investigated the rape complaint but decided there was insufficient evidence to prosecute.