A law lecturer at the Australian National University has begun defamation proceedings against 18 students.
The lecturer, Peter Waight, asserts he was defamed over a letter of complaint they made to the Dean of the Law School, Professor Dennis Pearce, which he says was circulated beyond what was necessary.
Mr Waight’s solicitor, John Little, said yesterday that the action had begun in the ACT Magistrates’ Court. About half a dozen students had apologised to Mr Waight or had indicated they would do so and they had not be sued. Many of the 18 students were in Mr Waight’s class, others not so.
The complaint was made over hypothetical tutorial questions set in Mr Waight’s evidence classes which the students asserted had used sexual-assault questions gratuitously and in a way which had no bearing on the law being taught, including a question about the recantation of a rape allegation which they say promoted the myth that women made up rape allegations.
Mr Waight has said it is impossible to teach evidence law without referring to sexual-assault cases which provide the best or only examples of some evidentiary principles and it would be irresponsible for an evidence teacher not to deal with them.
The complainants asked Professor Pearce to ensure that the use of what they say is offensive material is discontinued immediately.
Professor Pearce has tried to mediate, apparently without success.
The complainants drew to Professor Pearce’s attention the recent visit to the university of a feminist legal theorist and criminal-law scholar, Nicola Lacey, and her seminar “”Gender in the curriculum”, which had raised the students’ awareness of ensuring gender issues received more balanced treatment at Law School.