Richard Pithouse referred to Judicial Commission of Victoria after reportedly saying woman put herself into position of allegedly being assaulted

This article is more than 1 year old

This article is more than 1 year old

The Victorian attorney general, Jill Hennessy, has asked the state’s judicial watchdog to investigate a Melbourne magistrate after he reportedly suggested that an alleged rape victim had suffered “buyer’s remorse”.

The magistrate, Richard Pithouse, allegedly made the comments while presiding over a preliminary hearing for a compensation claim in November, and they were reported in the Herald Sun.

Pithouse reportedly suggested the woman had put herself into the position of allegedly being assaulted, because she had been drinking alcohol, and that she must have “buyer’s remorse”.

Hennessy referred Pithouse to the Judicial Commission of Victoria last week, saying his comments were not in line with community expectations and “have caused distress to sexual assault survivors”.

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“While these matters are subject to investigation it’s not appropriate to comment further,” she said.

The commission confirmed it had received the complaint and said it would be carefully considered.

If accepted, the complaint will be considered by a three-person investigation panel, made up of two current or former members of the judiciary or the Victorian civil and administrative tribunal (Vcat) and one community member of high standing.

The panel has the power to recommend a judicial officer be removed from their role if there’s proven misbehaviour, or to recommend they be counselled about their conduct.

Guardian Australia approached the magistrates court to ask if Pithouse, the chief magistrate or the court would comment.

A spokeswoman from the magistrates court said Pithouse would continue to sit in the court while the commission completed its review.

Nine months ago Pithouse was ordered to write a letter of apology and make a $650 donation to charity for failing to stop after swiping a parked ute in his work car, a Ford Territory, in September 2017. He reported the incident to police 35 minutes after it happened.

The case was heard by a visiting magistrate from New South Wales and no criminal conviction was recorded.

Pithouse was appointed to the bench in 2008 and has attracted both criticism and some formal complaints over his 10-year career, including for his refusal in 2010 to hear a victim impact statement from a sexual assault victim, and for reportedly saying of a domestic violence victim in 2017 – who declined to make a sworn statement against her abuser – that it was “her right to be beaten up if she wants to, I suppose”.