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Vic magistrate counselled over rape remark

Georgie MooreAAP
Magistrate Richard Pithouse has been counselled after making insensitive comments to a rape victim.
Camera IconMagistrate Richard Pithouse has been counselled after making insensitive comments to a rape victim.

A Victorian magistrate has been counselled after suggesting a rape victim had experienced "buyer's remorse".

The target of magistrate Richard Pithouse's comments says they were "devastating" and "horrible" to hear. She does not think he should keep his job.

Mr Pithouse has "acknowledged the shortcomings of his approach" after undergoing counselling following an investigation by the Victoria's Judicial Commission.

He was found to have "infringed the standards generally expected of a judicial officer" while overseeing a compensation case relating to a rape at the Victims of Crime Assistance Tribunal.

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He suggested the victim had experienced "buyer's remorse" after being told she called a sexual assault crisis line the morning after the incident.

Mr Pithouse also remarked "intoxication is not an excuse for the purposes of the tribunal" and said the woman had "put herself in that position".

The commission labelled the "buyer's remorse" remark highly inappropriate and insensitive, and said the comments about alcohol could "reasonably be construed as victim-blaming".

It cannot remove a judicial officer from their job. Such a decision must be approved by parliament.

The woman believes Mr Pithouse should be dismissed for his comments.

"It wasn't just some hook up that I regretted. I knew it was wrong. It was rape," she told AAP.

"It's important that these people in power know that these victim-blaming views aren't tolerated by society."

Her case was subsequently re-heard by a different magistrate.

"Having a magistrate say 'I accept your evidence', that was just really validating," she said.

Mr Pithouse was also investigated over a 2017 incident where he failed to stop after a road accident involving property damage.

The commission found it was not a momentary lapse in judgment, but a conscious decision to keep driving, involving a failure to respect and observe the law.

In another case, Mr Pithouse made inappropriate comments during a bail application by an accused family violence perpetrator.

The victim had not made a statement and Mr Pithouse responded: "Well, it's her right to get beaten up if she wants to, I suppose, but, yes, go on".

Mr Pithouse was personally counselled by Chief Magistrate Lisa Hannan about the need to exercise sensitivity, courtesy and respect including to those who had experienced family violence.

He was also mentored by a retired County Court judge who listened to random recordings of Mr Pithouse's hearings to ensure they met the necessary standards.

"The officer accepted the criticisms of his conduct and acknowledged the shortcomings of his approach," the commission said.

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