Historical rape allegation against the Attorney-General Christian Porter

Remove this Banner Ad

utility

Norm Smith Medallist
Sep 26, 2003
9,728
6,351
Melbourne
AFL Club
North Melbourne
You are aware she withdrew the complaint? It doesn't make her any less believable, but makes it kind of hard to get a conviction since she and Porter are the only eye witnesses.
30 year old cases can and do result in convictions, even if it is a "he said, she said"-type scenario. The fact that she had contemporaneous notes and inconsistencies with Porter's recollections only strengthen the argument against him.

(For me) the issue is not as much the allegation of rape, but the government cover-up/brush over and opaqueness of what is going on behind the scenes. Governments get up to all kinds of sh*t including abuse of power, so they need to be held to account.
 

Crankitup

Norm Smith Medallist
Sep 23, 2006
8,930
10,639
Perth
AFL Club
West Coast
Other Teams
Subiaco
Shorten's case wasn't pursued because there wasn't enough evidence to get a conviction in a 30-year old rape case. To say the Porter case is different is drawing a very long bow.

You keep saying Porter's accuser died, why does that make her any more believable than Shorten's?

You are aware she withdrew the complaint? It doesn't make her any less believable, but makes it kind of hard to get a conviction since she and Porter are the only eye witnesses.
Not only withdrew the complaint but she'd never made a formal statement.
 

Raisedeyebrow

Draftee
May 13, 2020
19
20
AFL Club
Port Adelaide
Since when have delusions ever been a symptom of bi-polar disorder?
Answer: never
Wrong.
They absolutely are. Have experienced it with my bi polar father. Bi polar manics are more likely to have hallucinations &/or delusions than other bi polar sufferers that have the more depressive sub type. This isn't a normal regular occurrence, just during an 'ill period'. One time we were watching Home and Away and dad told me turn it off because someone's playing funny buggers cause he's seen this episode before and knew what they were gonna say (he hadn't). It's unsettling to be present for and he needs correcting and reassurance. They think things are gonna happen or being done to them or they re being talked about by others when it's unlikely.
I wonder what a motivation would be if she did make this allegation up. Unless she felt wronged by him? Rejected, not made a girlfriend? It's a wonder why she thought they would marry some day....why would she say this after being anal raped (repeatedly, awful but how did this occur too). And she spent time socially with him after this, without confronting him, making a scene? Maybe she did, we may never know. I'm conflicted. Not at all happy with the PMs response, an inquiry is needed. Let's see if any mis truths can be ironed out.
But in saying all that....My dad holds very firm to recollections of past events, he isnt a liar however can embellish.
I'm unsure as Christian Porter's media conference was so convincing to me and his anguish was real but at the same time I can't see her having stuck to something she made up all this time. I'm leaning towards believing her account.
 

Log in to remove this ad.

jason_recliner

Debutant
Dec 9, 2020
90
106
AFL Club
West Coast
The matter with Shorten was dealt with, he was interviewed, the allegations investigated by the police and they ran it past the DPP who determined there was no hope of a conviction. They might have done the same thing with Porter but we'll never know because the process wasn't completed and his accuser is dead. It's a mess.
We all know the limitations of the law, and the very low rate of sex crime convictions. IMO Shorten is (was?) in too powerful a position to have this extremely serious allegation hanging over his head. Just because he is unlikely to be found guilty in a court of law doesn't make him innocent; I think a formal public inquiry is warranted.
 

fortunatecrow

THE BEAST
Oct 17, 2015
666
1,010
AFL Club
Adelaide
IMO Shorten is (was?) in too powerful a position to have this extremely serious allegation hanging over his head.
He was the opposition leader so was the alternate PM. Clearly aspires to take the job back from Albo and is a good chance to be the alternate PM again.

I really don't see how the two cases are that different other than the fact that Shorten's complainant can give evidence against him.
 

Kurve

Moderator
Dec 27, 2016
13,050
29,654
AFL Club
Western Bulldogs
He was the opposition leader so was the alternate PM. Clearly aspires to take the job back from Albo and is a good chance to be the alternate PM again.

I really don't see how the two cases are that different other than the fact that Shorten's complainant can give evidence against him.
Shorten's got about no hope of running again as LOTO imo but if he should go under further examination then so be it. I'm not sure you'll get many pulling in behind him in this political climate really, I'd push him under a bus myself if I thought it would speed things up a bit.
 

Steve The Dude

Left Right Out
Feb 9, 2021
6
15
AFL Club
Adelaide
Certainly will make defamation payment bigger IF he wins.
Is Mr Porter paying the bills for his defamation action out of his own personal funds? ... or is his defamation action being paid for by the Federal Government or maybe the Liberal Party? If he loses the defamation action, will he be paying the costs awarded against him out of his own personal funds, or will the Federal Government or Liberal Party be paying up?

......... just asking.
 

Crankitup

Norm Smith Medallist
Sep 23, 2006
8,930
10,639
Perth
AFL Club
West Coast
Other Teams
Subiaco
Is Mr Porter paying the bills for his defamation action out of his own personal funds? ... or is his defamation action being paid for by the Federal Government or maybe the Liberal Party? If he loses the defamation action, will he be paying the costs awarded against him out of his own personal funds, or will the Federal Government or Liberal Party be paying up?

......... just asking.
From his own pocket.
 

Kurve

Moderator
Dec 27, 2016
13,050
29,654
AFL Club
Western Bulldogs
Defamation against the ABC might have actually been the best out Morrison had to stand Porter down as AG.
 

BFew

Norm Smith Medallist
Mar 5, 2017
5,257
16,592
AFL Club
West Coast
Defamation against the ABC might have actually been the best out Morrison had to stand Porter down as AG.
And increases the potential liability of the ABC to Porter, and potential financial gain to Porter, from a successful defamation Prosecution.
 

(Log in to remove this ad.)

Crankitup

Norm Smith Medallist
Sep 23, 2006
8,930
10,639
Perth
AFL Club
West Coast
Other Teams
Subiaco
Is Porter suing Abetz for defamation now in play too?
If he owned a owned a newspaper or TV network it would have, but in this situation I highly doubt it since it wasn't "broadcast". The fact that this detail about Abetz revealing something (according to a Tony Windsor tweet) has only just come to light confirms that that it wasn't "broadcast" in any way.

Your question was probably facetious but I thought it best answered as though it were serious.
 

BFew

Norm Smith Medallist
Mar 5, 2017
5,257
16,592
AFL Club
West Coast
If he owned a owned a newspaper or TV network it would have, but in this situation I highly doubt it since it wasn't "broadcast".
It appears that in NSW, defamation does not have to involve either a public broadcast.

That a one to one broadcast (written or oral) can be the trigger for a defamation case.

'What needs to be proven?
For the claim to succeed, you will generally need to prove the following:

  • the defendant has made a communication to other people – this could be online, in person, or through some other medium like art;
  • the communication was related to you or identifies you – this test can be one of the hardest to satisfy, particularly in relation to communications like art which may be ‘veiled criticism’ or open to interpretation; and
  • the communication was defamatory, in the sense that it either negatively affects your reputation, lowers your estimation in the eyes of other people, or might cause you to be avoided or shunned by other people.'
 

Crankitup

Norm Smith Medallist
Sep 23, 2006
8,930
10,639
Perth
AFL Club
West Coast
Other Teams
Subiaco
It appears that in NSW, defamation does not have to involve either a public broadcast.

That a one to one broadcast (written or oral) can be the trigger for a defamation case.

'What needs to be proven?
For the claim to succeed, you will generally need to prove the following:

  • the defendant has made a communication to other people – this could be online, in person, or through some other medium like art;
  • the communication was related to you or identifies you – this test can be one of the hardest to satisfy, particularly in relation to communications like art which may be ‘veiled criticism’ or open to interpretation; and
  • the communication was defamatory, in the sense that it either negatively affects your reputation, lowers your estimation in the eyes of other people, or might cause you to be avoided or shunned by other people.'
I'm aware. That's why I used inverted commas around the word broadcast. Telling one person wouldn't be seen as broadcast though. From memory it would have to be a decent number not sure how many.
 

BFew

Norm Smith Medallist
Mar 5, 2017
5,257
16,592
AFL Club
West Coast
Telling one person wouldn't be seen as broadcast though. From memory it would have to be a decent number not sure how many.
But what if that one person you tell, then goes on to tell 1m people through a public tweet or FB post?

Can only the person downstream who then told a decent number of people be sued, and not the original sinner who only told one other person (in that chain)?
 

Crankitup

Norm Smith Medallist
Sep 23, 2006
8,930
10,639
Perth
AFL Club
West Coast
Other Teams
Subiaco
But what if that one person you tell, then goes on to tell 1m people through a public tweet or FB post?
Indeed. In this case though the point is moot since the revelation that Abetz disclosed it has only come to light very recently indicating nothing like the hypothetical situation you describe, transpired.
 

Kurve

Moderator
Dec 27, 2016
13,050
29,654
AFL Club
Western Bulldogs
NSW Labor MP Trish Doyle raised a rape allegation against a Nationals MP using parliamentary privilege yesterday. Michael Johnsen later identified himself as the accused and resigned as Parliamentary Secretary. No chance of defamation action there I guess.

The ABC understands NSW Police will interview Nationals MP Michael Johnsen tomorrow over an allegation he raped a woman last year.

 

Kwality

Hall of Famer
Aug 14, 2011
30,516
11,404
Trafalgar
AFL Club
West Coast
Other Teams
Mclaren Mercedes F1
Is Mr Porter paying the bills for his defamation action out of his own personal funds? ... or is his defamation action being paid for by the Federal Government or maybe the Liberal Party? If he loses the defamation action, will he be paying the costs awarded against him out of his own personal funds, or will the Federal Government or Liberal Party be paying up?

......... just asking.
No idea.
The awarding of costs will be contested due to the all star cast of lawyers, one of whom, Sue Chrysanthou, estimated her costs at $1.1 million in an action earlier this month (v Nine/AFR)
Joe Aston, Elaine Stead: Costs awarded in defamation case (news.com.au)
 

Kwality

Hall of Famer
Aug 14, 2011
30,516
11,404
Trafalgar
AFL Club
West Coast
Other Teams
Mclaren Mercedes F1
But what if that one person you tell, then goes on to tell 1m people through a public tweet or FB post?

Can only the person downstream who then told a decent number of people be sued, and not the original sinner who only told one other person (in that chain)?
I understand its how widely the publisher can distribute the story. Its why media companies are targets for such actions.
Note how no one is owning the dossier including the material from Kate (as alleged) & its contents management.

Geoffrey Rush has major court win against Daily Telegraph - ABC News
 

Crankitup

Norm Smith Medallist
Sep 23, 2006
8,930
10,639
Perth
AFL Club
West Coast
Other Teams
Subiaco
NSW Labor MP Trish Doyle raised a rape allegation against a Nationals MP using parliamentary privilege yesterday. Michael Johnsen later identified himself as the accused and resigned as Parliamentary Secretary. No chance of defamation action there I guess.

The ABC understands NSW Police will interview Nationals MP Michael Johnsen tomorrow over an allegation he raped a woman last year.

Yes, despite the fact he says he's innocent, she spoke under parliamentary privilege.
 

Remove this Banner Ad