Guest Blog 7: “I was 19, and waiting at a bus stop.”

By Anonymous

I’ve deliberated over whether I should put my name to this story.

To be honest, I feel a bit cowardly in my decision not to.

I’d like to say it’s because I’m simultaneously wary of perpetuating stigma and of singularising my experience – I’d like to say that my anonymity is my acknowledgement that this is the experience of so, so many others. That this story could be that of your sister, your girlfriend, or your Mum.

To varying degrees, they’ve inevitably experienced similar harassment.

But to be honest, I think my reluctance to put my name to this speaks more to my continued discomfort and embarrassment, than it does anything else.

I was 19, and waiting at a bus stop.

I could tell you what time I was there, what I was wearing, who I was or wasn’t with – but that shouldn’t matter. That doesn’t matter.

I saw a man walking across the street.

There’s a comedian called Ever Mainard, who rather unfunnily, says women are taught to never walk alone at night – and told that if they do, they will die.

“You need a man to survive, unless he’s following you at night.”

She goes on to say that every single woman has that one moment when she thinks: “Here’s my rape.” Notably and overwhelmingly disheartening, it’s the men who laugh the loudest.

As the man crossed the street, we made eye-contact. In the dark, I felt my face blush.

I pretended to look at my phone, acutely aware that it was on 14% and the next bus was 40 minutes away.

As he got closer, I began to feel physically sick.

Did you know that whilst most men fear getting laughed at or humiliated by a romantic prospect, most women fear rape and death?

I wish I could finish with the humorous conclusion that my fear was unfounded, and that the man just walked past me. Or that all he did was ask me the time, leaving me safe, though sweaty palmed.

He didn’t.

I sat alone, in the dark and in front of me, he exposed himself, masturbated and asked: “Are you working tonight?”

Later, I sat in an Indian restaurant on the phone to a friend, swallowing words and lemonade. I left out the part about the man masturbating.

When I told my sister, I just said he asked if I was working that night.

When I told a friend the complete story, she looked at me indignantly.

“You know that’s illegal, right?”

I did know. I’d scoured the internet for the legislation. I’d found Fact Sheets and infographics, statistics and relevant phone numbers.

“Why didn’t you call the police?”

I’m still not sure why.

As I watched the man jog away across the road, I felt like any chance of consequence went with him. Any chance of what I had experienced being acknowledged, my rights being respected, the laws which I knew existed to protect those rights being enforced – I felt like those possibilities disappeared with him.

They didn’t – my rights existed and continue to exist independent of my ability or willingness to enforce them.

And yet, to be effective, my rights rely upon me enforcing them. They exist without enforcement, they’re in theory, “universal,” but they’re a bit useless in that capacity unless I do something about them.

My name lies absent from this piece, and yet I hope one day I’ll feel a little bit more like I would speak up more if a future situation arose. That sitting in that Indian restaurant, between sips of lemonade, I’d explain the situation in its entirety to my friend. That I would call the police.

I hope one day I’ll feel a little bit more like, just maybe, I’ll be able to acknowledge this experience as my own.

Writing this makes me a feel a little bit more like I can.

Guest Blog 6: Why Feminism, and Women’s Legal Rights, is a Men’s Issue Too

By Blake Osmond
3rd year Social Research and Policy (Majoring in International Relations)/Law student, UNSW

Walk into any Year 6 classroom across Australia today and I bet most young people will be able to tell you a little bit about sexism and what it means.

I wish I could say this was as a result of our national debate shining a light on the fight for equal opportunity, equal pay or equal rights.

Unfortunately, that’s not the reason. Not even close. It’s more likely as a result of our national conversation being characterised by all the wrong stereotypes.

Who will ever forget the inconceivable sexism thrown towards Julia Gillard during her time as Prime Minister, with everything from the size of her behind, to the sexuality of her partner, being a running national joke?

Then there’s the grotesque threats lobbed at Emma Watson after she proclaimed men had an obligation to fight for equality too.

And, perhaps most surprisingly, we all witnessed the Minister for Women tell us that feminism just wasn’t for her. Like it was some dirty relic from a time gone by.

But these media sound bytes don’t go anywhere near a strong public discussion about the inequality women face. Let’s forget the 24-hour news cycle and talk facts.

One in four women will fall victim to domestic violence.

The average full-time weekly wage for a woman is 18.2% less than her male counterparts.

One in two mothers report experiencing workplace harassment.

There are more men called Peter leading ASX 200 companies than women.

About two-thirds of the 759 million adults who lack basic literacy skills are women.

Women hold only 19% of parliamentary seats worldwide, and only 16% of ministerial posts.

For some of us, these statistics may seem a little removed from reality. I know my life is characterised by fiercely independent, intelligent and strong women: my single mum, the strongest-willed person I know and the person who taught me to fight for what I believed in; my girlfriend, who always challenges me to look at the world in a different way.

I wouldn’t be the man I am today without these women. But this is just my story. Every male I know has been shaped in some way by the female role models in their life.

Despite what Michaela Cash tells us, I don’t happen to think feminism is a dirty word.

Feminism is standing up and saying we owe it to these women who have influenced us. We owe it to them to go out there and reverse the shocking statistics that put us all to shame.

Yes, the behaviour you walk past is the behaviour you accept.

But, more importantly, the norm that goes unchallenged is the norm we all accept.

Feminism is saying we’re big enough to come together on this issue and declare that every woman should have the same opportunities as every man.

Feminism is telling that boy in Year 6 that the girl sitting next to him has just as much potential as he does.

P.S. #Hillary2016

Guest Blog 5: Why I love Amal (and you should too)

By Caley Bawden
3rd year Arts/Law student, UNSW

Very rarely do I show signs of fangirl-dom, but with Amal Clooney (nee Alamuddin), it is different. In a world where reality TV stars make the news based simply on their clothing choices, or pop-stars create headlines because of bitchy comments made on social media, Amal gracefully interviews outside court about her representation of Al Jazeera journalist Mohammed Fahmy.

She is a beacon of intelligence, confidence, and grace in these shallow times. She is a worthy role model for young women law students, and all law students, and all young women, and everyone really. Here are 10 reasons why I love her, and you should too:

  1. She is highly educated, and isn’t shy about her achievements. She has a Bachelor of Laws and Bachelor of Arts from Oxford University (at which she was an Exhibitioner and a winner of the Shrigley award), She also studied a Masters of Laws at NYU (there achieving the Jack J Katz Memorial Award). She was admitted to the Bar in the USA when she was just 24, and then the UK Bar in 2010.
  2. Her list of clients are impressive, and include Julian Assange, Mohammed Fahmy and Yulia Tymoshenko.
  3. She worked as a senior advisor to Kofi Annan when he was on the UN’s envoy on Syria, to the UN Inquiry on the use of armed drones led by the Special Rapporteur on Counter-Terrorism and Human Rights.
  4. She sets the bar for clerkship very VERY high. She has clerked at the International Court of Justice, the United States Court of Appeals (for now Supreme Court Judge Sonia Sotomayor), and under Judge Vladen S. Vereshchetin in Russia and Judge Nabil Elaraby in Egypt.
  5. She does what the flip she wants. Case in point: some so-called ‘feminists’ attacked her decision to change her name to Clooney, instead of keeping her maiden name. She didn’t give them the time of day. She gets that feminism is about equal rights, including the right to personal choice about her name.
  6. She demonstrates that being smart and caring about fashion aren’t mutually exclusive. So often women are criticised for caring too much about their appearance over their intellectual pursuits. Amal does not blink an eyelid at wearing Oscar de la Renta to work. But when asked by reporters what she was wearing when attending court, she sassed them and answered ‘Ede and Ravenscroft’ (makers of barristers robes).
  7. Most of the interviews she takes are about her work. She chooses to use her new celebrity status to draw attention to the human rights cases she advocates on. And when she was asked about if she is frustrated when people focus on her instead of the case, she said she just has to keep working and trust in the integrity of the press.
  8. She graciously tells reporters that they have no right to influence what she does with her ovaries.
  9. Her life and work reveal the stupidity of Hollywood and Celebrity culture, see Tina Fey and Amy Poehler on this subject.
    Also, she unintentionally draws attention to the sexism and narrow-mindedness with which the media approaches celebrities (and especially married women). Case in point? See here.
  10. She and George both know that George is punching, and she doesn’t really care. After their wedding, the headline read “Internationally acclaimed barrister Amal Alamuddin marries an actor.”

All hail Amal, sass-queen and goddess.

Paying for Your Period: A Collaboration with Don’t Mind Me, I’m Just Ovary Acting

The legal system in Australia is designed to give protection to all citizens, especially those who are marginalised or amongst the most vulnerable in society. Women, as a group in society who are vulnerable to acts of violence, sexual assault and discrimination should be given extra protections and granted a status of equality alongside their male peers where the legal system can provide for it. What has resulted is male dominated parliament allowing laws which continually hinder the progression of gender equality all over Australia.

The tax on tampons is 98 of our problems. #jayz

The tax on tampons is 98 of our problems. #jayz

Femalegal has partnered with Don’t Mind Me, I’m Just Ovary Acting to give you an insight into how acts of parliament in Australia overlook women’s rights. The government’s classification of taxes is representative of the value they place on certain goods and services.

Currently, all women’s sanitary health products such as tampons and pads are considered luxuries, rather than necessities, and subject to the 10% GST. Meanwhile, men’s condoms, lubricants, razors and other products like sunscreen and nicotine patches are classified as necessities and are exempt from the tax.

Don’t Mind Me, I’m Just Ovary Acting aims to draw attention to these discriminatory disparities in tax classification and the social implications which stem from it. The principle behind the tax tells our society that men are more valuable than women and that women should pay a higher price for a bodily function which a male-dominated parliament believes is unnecessary.

Femalegal’s goal is to raise awareness for women’s legal rights, however, this also extends to protections that should be legal rights. Discriminatory taxing that disadvantages women should not exist. The financial impact of this is only compounded when considering that women also face a pay gap of 18% on average, have promotional and career opportunities inhibited in cases of workplace discrimination and are often the victims of economic abuse in domestic violence situations. Women should not pay GST on sanitary products, and GST legislation should be amended accordingly. If women aren’t afforded protection through legal instruments such as statutes, equality will become only more difficult to achieve.

Legislation needs to be amended in parliament to remove currently lawful discrimination. Periods are not a luxury. So stop taxing them.

-BR and FK

Check out Don’t Mind Me, I’m Just Ovary Acting’s WordPress, Facebook and Twitter @justovaryacting. They’re doing a pretty great job. Period.

The Legal Lowdown: Legal Aid

While Femalegal have spoken about services like Women’s Legal Services NSW, we haven’t yet explored Legal Aid: what is it, what does it mean and do you qualify?

What is it?

Legal Aid NSW is a service that provides people with representation. If you qualify, a lawyer can represent you in court. The kinds of issues dealt with through legal aid include family law, criminal law and civil law.

Can I get a lawyer?

As stated above, to be granted a lawyer, you have to qualify. This means you have to meet both a means test and a merits test.

  • Means test:This test involves looking at your income and assets to determine whether you are entitled to a lawyer through legal aid. It can also involve looking at the income and assets of anyone who would be likely to provide you with financial assistance.Your income includes Centrelink payments, salary and/or wages. Costs such as rent, child support and income tax will be taken into account. Your assets include your home or other substantial property. There is a means test indicator to help you work out whether you may be financially eligible for legal aid.
  • Merits test:The merits test requires assessing your chance of success in court. In most domestic violence cases, this test will not apply.

Even if you satisfy these tests, Legal Aid does not grant a lawyer in every kind of matter. To determine whether Legal Aid is available for your problem, it’s best to talk to a Legal Aid Lawyer or LawAccess NSW. You can apply for Legal Aid here.

I’ve qualified for a lawyer:

In the event you are granted a lawyer, Legal Aid NSW will pay for this. The lawyer can be employed by Legal Aid NSW, or may be a private lawyer. A private lawyer will represent you if Legal Aid has a conflict of interest. This happens when the other party involved in your matter has been, or is currently, assisted by Legal Aid NSW. This does not mean you are not eligible, but just means Legal Aid will refer you to another lawyer.

Domestic violence cases:

  • Can you get a lawyer to represent you?The police represent most victims in Apprehended Domestic Violence Order (ADVO) cases in the Local Court. If you applied privately through the Local Court Registry for an ADVO, the Women’s Domestic Violence Court Advocacy Service (WDVCAS) can suggest a lawyer.The WDVCAS can also refer you to the Domestic Violence Duty Solicitor in your Local Court. If your Local Court does not have one, the WDVCAS can help you apply for Legal Aid.To find your local WDVCAS, call LawAccess NSW on 1300 888 529.
  • Can an ADVO defendant be granted legal aid?An ADVO defendant is only able to be granted Legal Aid in exceptional circumstances. If you’re concerned about this, contact your local Legal Aid office or LawAccess NSW.
  • What happens if I take a domestic violence complaint to the police, but they put in a complaint against you?This is known as a cross application. If the defendant to your ADVO application also takes out an ADVO against you, you are also a defendant. In this situation, it’s really important to seek legal advice, as cross applications can be complicated.You may be granted Legal Aid to defend a cross application, especially when Legal Aid thinks that you have been experiencing domestic or family violence yourself. In this situation, contact LawAccess NSW, Legal Aid NSW or your local WDVCAS.

If you are refused Legal Aid:

You will be sent a letter an an appeal form if your application has been rejected. This will explain why you have been refused Legal Aid, and your rights to appeal to the Legal Aid Review Committee.

– BR

Guest Blog 4: In Praise of the Consumer Law

By Sarah Hort
3rd year Arts/Law student, UNSW

If there’s one area of law that makes my heart skip a beat, it’s consumer law. It can be nerve racking, terrifying even, to waltz into a shop and take on a shop assistant over a dodgy product you’ve been sold. Often, the shop assistants have little knowledge, or even an incorrect understanding, of the Australian Consumer Law and the rights of consumers generally to obtain refunds, repairs and replacements. Indeed, navigating the legal system can be a tricky and confusing process, but by becoming acquainted with the Australian Consumer Law and the avenues of redress available to me as a consumer, I have won many a battle; from an 80 cent bread roll, right through to successfully suing a landlord for many thousands of dollars.

As mentioned above, my best win to date has been in the New South Wales Consumer, Trader and Tenancy Tribunal (now the New South Wales Civil and Administrative Tribunal). I had just moved 900 kilometres from the country to the city to study at university, and knew basically nothing about renting or tenancy issues generally. So with great enthusiasm and short-sightedness, and knowing how tough the rental market is in Sydney, I gratefully accepted a lease on a two bedroom unit that was well-located and well-priced. Here’s where things get a bit fishy (and I look like an idiot): soon after moving in, it occurred to me that none of the rooms had windows, and there was only one door to the unit. This meant that there was only one point of access, and it dawned on me that, if there was a fire in front of that one and only door, I would burn alive. That all sounds a bit dramatic and over the top, but fire safety is a serious issue, and can be the difference between life and death. Not really knowing what the best course of option was, I contacted a community legal centre, who were extremely helpful. They referred me to the local council, who investigated and discovered a host of breaches that had been committed by the owner of the property in respect of my unit, and adjacent units.

While the local council went down their own route of legal action, the community legal centre took on my case and we commenced proceedings against the landlord in the Tribunal. I was quite young, nervous and unsure about all these legal processes, but the community legal centre ran my case from start to finish at no cost to me; they appeared for me in the Tribunal, they conducted legal research to bolster my case, and they supported me through mediation. In the end, I refused all offers from the landlord during the mediation, and the case went to a hearing. This means that a Tribunal member decided the case and decided the award of damages; I recovered the rent and bond I had paid, as well as the additional rent I had to pay at the next place I moved to (since I had to quickly find another place to live), and a significant sum of money for the physical inconvenience of the whole saga.

Ultimately, I learned through this that you don’t need to be a legal expert to enforce your rights and get a just outcome. There are some fantastic resources out there, including the ACCC app and website, the complaints process through the New South Wales Office of Fair Trading (with equivalent bodies in each state and territory), and, should things get serious, informal legal processes at the Tribunal. There are government agencies and resources to help consumers navigate their way through unscrupulous wheelers and dealers, and although it can be a bit of effort, it is important that businesses are held to account for their practices.

Some good resources for consumer law issues include:

https://www.accc.gov.au/

http://www.fairtrading.nsw.gov.au/

http://financialrights.org.au/

http://www.clcnsw.org.au/

It is never your fault. The abuser is the only one who is to blame.

Trigger warning: Domestic violence

It’s important that we read real stories of domestic violence survival. These are real women. And with one in three women experiencing something similar, this could well be happening to a woman you know and love.

No More Silence. Speak Out Against Domestic Violence.

Some women in abusive relationship believe that the abuse is their fault. They think that they can stop the abuse if they act differently. For a lot of women, when an incident of abuse occurs they ask themselves the question “what did I do to contribute to the situation?” Indoctrination like that is hard to get over. But you can’t sit there and think could I have averted this? Should I have seen this coming? Did I not pay enough attention? Cause the answer is no. There was nothing that you did that caused your partner to abuse you. You are not to blame for his violence. You have a right to be safe. You have a right to live a life free from violence.

Here is another inspirational story of survival. Always remember that is it never your fault,  the blame lies solely with the abuser and there is always a…

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Campaign week: CHIME FOR CHANGE

A great blog about closing the gap! Have a read.

CONF DENCE

This week #ICloseTheGap will be reviewing campaigns based on gender equality, leadership and women in business. These campaigns are a great source personal inspiration and I have no doubt that you will be inspired by them too!

In honor of #DayOfTheGirl on October 11, I will begin with CHIME FOR CHANGE.

CHIME

In 2013, Global Citizen and CHIME FOR CHANGE joined forces to campaign for gender equality. CHIME FOR CHANGE is a global campaign to convene, unite and strengthen the voices speaking out for girls and women around the world.

Image: Source

Three years later, the power and passion of the CHIME FOR CHANGE community continues to inspire, from corporate leaders and foundations, to non-profit organizations working on the ground, to individuals lending their voices and support. The campaign is empowering people with a voice to tell world leaders to put gender equality and women’s economic empowerment at the top of their agenda.

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Just in case you didn’t already know, equal pay should be a thing already.

Monday marked International Day of the Girl, but I’m posting about equal pay today, because equal pay should be an issue we speak about every damn day, until we get paid equally.

Because #equalpay is important and cool and right, Cosmopolitan Australia have launched a change.org petition. They hope to have as many signatures as possible before October 27 2015.

Why October 27? Because from October 27, Australian women essentially work for free for the rest of the year. That means that Australian women earn 18% less than men, and essentially work 65 days for FREE.

Crazy.

This petition essentially wants the government to make companies’ gender pay gaps public, meaning employers will be held accountable for gender inequality in their workplaces.

It’s not asking for overnight change. It’s not even asking for immediate equality. It’s asking that companies are transparent.

The petition will be taken to Parliament by Larissa Waters MP, Greens Senator and Spokesperson for Women.

Soooo. Sign it already!

#equalpay

-BR

Guest Blog 3: “But in acknowledging my privilege, I recognise that I can never fully understand their struggle.”

By Robert Coluccio

In August 2012, an English journalist by the name of Helen Lewis crystallised the desolate irony faced by feminists in the modern era. In a tweet, which was quickly codified as ‘Lewis’ Law,’ she stated that “Comments on any article about feminism justify feminism.”

In essence, she called out the legions of men – typically wealthy and white – who aggressively attack any suggestion that structural and experiential inequality between the sexes remains prevalent. The backlash to this simple proposition simply serves to vindicate the continued relevance of feminism.

The question for a young man such as myself really boils down to this; what role should I play in progressing the cause of feminism?

Obviously, we need to avoid following the lead of the alleged gentlemen referred to above. The thought bubbles they throw out are easily discredited:

“Not ALL men assault women.” Of course they don’t. But given 99% of assaults are perpetrated by a man, perhaps gender is a relevant factor? Next.

“The pay gap is a thing of the past. Women are just as equal in the workplace.” I guess that’s why women only make up a fraction of company directors, a fraction of CEOs and until recently; we had so few women in Federal Cabinet that they couldn’t even find one to be Minister for Women.

“You ‘feminazis’ just attack men all day so vulgarly and you wonder why everyone ignores you. Why don’t you try being nice?” When the very structure of society is designed to oppress a class of people, the onus is not on those people to politely request to be treated equal and be afforded equal rights. And by the way, comparing people asking for rights to genocidal fascists isn’t too “nice” either is it?

A more difficult question however is: “Are those arguments above mine to have?” I am a well-off, white male and am thus privileged in our modern society. I have not had to overcome structural discrimination, ingrained prejudice or a system that was not designed for other men like me.

The feminist struggle is not mine. The rights and freedoms feminists seek are not mine to give because they should never have been denied or restricted in the first place. In spite of well-intentioned motives, men who lead the feminist charge, risk damaging the cause by denying autonomy to the women who have experienced the hardship they rally against.

This notion of autonomy can be seen throughout history. The success of the Suffragettes; the reforms of the Civil Rights Movement; the recognition of Native Title emanating from Mabo. Each of these revolutions was a direct result of an oppressed People standing up and demanding that their rights be recognised. Their oppressors did not give these rights; the oppressed seized them.

Within the feminist paradigm, men must be careful that their support does not amount to effectively ‘conceding’ freedoms to women as this would imply that those rights were theirs to concede. Men have not endured the subjugation, harassment and limitations experienced daily by women and consequently, lack the ability and authority to lead this movement. These men may in fact be perpetuating oppression by setting the feminist agenda and declaring what issues are relevant.

The necessary conclusion is that as a male, my role is one of solidarity. I stand with my feminist sisters as they seek an egalitarian society. I applaud their strength in breaking down the barriers that preserve inequality. But in acknowledging my privilege, I recognise that I can never fully understand their struggle.

Instead, men should strive to offer their support to women as they attack patriarchal systems in the hope that equality can one day be achieved. This is the responsibility of all men. Yes, all men.