Both of these statements are demonstrably untrue. The newly released book Eggshell Skull (written by Brisbane based author, Bri Lee) examines in razor sharp detail just how far we have to go to establish an adequate system of justice for the survivors of sexual assault and rape. Lee’s memoir recounts the year she spent working as a judge’s associate in district courts across regional Queensland, and the seemingly endless parade of trials related to sexual assault, rape, child exploitation material and child sexual abuse. Week after week, Lee watched as men (and it was almost always men) were found acquitted of heinous crimes. Men who had been accused of the systematic abuse of children, the rape of intoxicated women and the sexual assault of hospitality workers walked out of courtrooms as free men. Author, Bri Lee. Credit:Paul Harris Sometimes they argued that charges had been brought by "vengeful" ex-girlfriends and spurned women, or that consent had been reasonably assumed to be in place. Lee watched as complainants were effectively put on trial in cross-examinations, accused by defence barristers of having fabricated their stories (as so many people believe female survivors of rape are guilty of doing). Of course, there are some cases where a guilty verdict is secured but they’re few and far between. And it’s depressing to note the different factors – race and class chief among them – that influence a jury to be disposed against either a perpetrator or a victim.

One particularly distressing moment in the memoir comes as a jury in a conservative Queensland town takes little time to convict a young Aboriginal boy of rape. Contrast this with the wealthy young man accused of raping his ex girlfriend during their final year of school, when he attended one of the state’s most prestigious private boys colleges. His defence team argued not only that although he hadn’t "wanted her" anymore, she had invited him over and "practically begged for it". In the courtroom, he was flanked not just by his mother and father but also a row of similarly privileged young men from his peer group. When the verdict of not guilty was handed down by the jury, they all whooped and hollered and pumped their fists in the air, while the sobbing young woman was carried out of the room by her father. Stories like these abound in Eggshell Skull, and each one is more heartbreaking than the last. But this isn’t just about the cases Lee witnessed as an associate. The "eggshell skull" of the book’s title refers to a legal maxim that dictates any victim of a crime must be taken as they are found. That is to say, if person A was to punch person B in the head and person B dies because they have a skull as thin as an eggshell, person A cannot argue leniency based on the fact an otherwise typical person would suffered significantly less damaging injuries. Lee had mostly observed survivors of sexual assaults and rapes being disenfranchised by the justice system – but what if "taking a victim as you find them" worked the other way? What if someone with an intricate knowledge of the system and all its failings were able to stand up courageously and fight for justice, against the harm that had been done to them? Realising this, Lee decides to pursue and prosecute the man who had molested her as a child. Eggshell Skull is not an easy read. But it's an important reflection of the reality we live in. If you struggle to understand what rape culture is, this book will give you a clarity that might shock you.

Our legal system wasn’t written and interpreted by a higher power – it’s been largely dictated by the white men who dominate within, people for whom sexual assault and rape will never be more than a theoretical equation. The abundance of male judges, counsels, jury members and defendants up against a majority of women and children survivors is stunning – and I'm not saying it's a conspiracy, but it does strike the reader that it's very difficult to find empathy in a system that excludes your voice so thoroughly. If you have ever uttered the phrase "there's no such thing as a rape culture", you need to read this book. If you believe that "women lie all the time" just to get revenge or out of guilt over sex, you need to read this book. If you think men are being unfairly accused by women and that the system is predisposed against them "because feminism", you need to read this book.