Servicewomen launch legal action against Defence Force over sexual assault, discrimination

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Australian servicewomen have launched unprecedented legal action against the Australian Defence Force over allegations they suffered systemic sexual violence, harassment, rape and discrimination while serving their country.

Claims of prolonged victimisation from male colleagues, including accusations of assaults within the past year, are included in a class action filed against the Commonwealth in the Federal Court on Friday.

Former RAAF member Gemma said she lost her career after her allegations of sexual assault were investigated by the ADF.

The legal action follows an investigation by this masthead and 60 Minutes, in which women in Defence spoke out about their sexual assaults and the pressure placed on them to stay quiet, or the consequences if they spoke up.

Four lead applicants will spearhead the lawsuit, filed by class-action law firm JGA Saddler, and include claims of waking up naked and injured with no memory of having left a party with a male colleague, of men rubbing their groins against them and touching breasts, having to fight off a male Navy colleague’s unwanted advances, and being groped and kissed while pinned against a wall.

The class action is open to between 10,000 and 20,000 women who have worked in the ADF since 2023, and lawyer Josh Aylward said thousands wanted their voices heard so they can push for change.

“The women in the ADF have been subjected to sexual violence, harassment, discrimination and retaliation when they report that these incidents have happened,” he said.

“These women have enormous courage going to join the defence force and to fight for our country, but they should be there having to defend our country, not defend themselves from their colleagues.

“The ADF has done many reports and inquiries over the last 40 years about how bad it is for women in the ADF. But what you find in their own evidence and their own reports and independent studies is that things are getting worse for women in the ADF, and women are less likely now to report an incident happening than they were 10 years ago.”

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The ADF has been contacted for comment.

Gemma, who served in the RAAF, was one of several serving and civilian women who accused a colleague of sexual assault. She said she received little support from Defence during an investigation in which she had to continue working alongside her accused attacker.

While she is not one of the four lead applicants, Gemma said she will join the class action to push for a safer workplace for women in the future.

“I know that it is still happening to women in the ADF, and it needs to stop,” she said.

“My mental health has been significantly impacted. I lost my career, sense of self and experienced suicidal ideation. I questioned everything and lost trust in the ADF and its leadership.”

The 2024 royal commission into defence suicides found that despite widespread underreporting, almost 800 sexual assaults allegations had been recorded in the ADF over the previous five years. It found half of female permanent serving members who responded to a survey reported experiencing unacceptable behaviour in the previous 12 months.

Former ADF member Jane Inglis reported an incident to military police.

Former ADF member Jane Inglis reported an incident to military police.

Former ADF member Jane Inglis, who spoke out at the royal commission, said she was angry at the lack of change since then and hoped more women will now be able to come forward through the legal action.

Inglis said she reported an incident to military police in which she allegedly had to get her dog to help chase a naked man from her bed, only to have to work with him on a weekly basis afterwards.

“There’s a lot of people that fear that this [reporting an assault] is going to have an implication on other serving members, on the family, on their careers, and historically, that’s exactly what has happened,” she said.

“Culturally what happens is often it is a person that has made the report that is ostracised or punished, and the person that has had the report against them is free to go on about their normal life.”

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Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: www.smh.com.au