What's the point of the courts, then?

Plus, Pamela Anderson calls ScoMo weak (again)

I was going to write about this week's release of political donations data from the election. (Still recommend you brush up if you missed that news, this is very helpful). But on Friday, two court appearances for two high profile men delivered two matching verdicts:

  • Former NSW Deputy Premier John Barilaro, pleaded not guilty to assaulting a cameraman outside a pub in July 2022 – the charges were dismissed.

  • In Canberra, Nick Kyrgios pleaded guilty to assaulting his then-girlfriend during an argument in 2021, but was not convicted by the magistrate. Why? Because a criminal conviction could prevent him from entering the US to compete.

Ok, there were a few other reasons, wanna hear them? Magistrate Beth Campbell said that Kyrgios' incident was on the "lower end of the scale" for assault (he had shoved his girlfriend on the ground), that he "acted poorly" and "in the heat of the moment". None of which makes the incident not assault, something even Kyrgios himself understood.

In Barilaro's case, his defence argument wasn't 'I didn't do it' but rather 'I was provoked in a vulnerable moment.' Magistrate Susan Horan said the assault was "relatively minor" and not that serious. It was not an assault, apparently, because Barilaro was under significant stress that affected his mental health. Unrelated: a report this week shows he also diverted bushfire recovery funds away from Labor-held seats. Cool.

When powerful or public figures are stressed out they are allowed to do a little bit of assault, apparently.

And in that case, what's the point of our court system at all? Both of these incidents took place in public, witnessed by other people. If they meet the definition of assault, but the court refuses to convict... why should victims even bother?

As the system stands right now, victims don't win even if their attacker is held to account. I think it's well overdue for Australia to seriously explore other justice models, particularly for sexual assault, domestic and family violence, common assault, and youth offenders. Clearly, neither man was going to be charged. What would restorative justice have looked like in these cases? Especially for Kyrgios, who seems to understand that he committed a crime. If the goal is to stop assaults, not just from this particular offender but across society, what would be more effective: ensuring they truly understand the long term impact, from the victim's POV, of their 'impulsive' action? Or being told by an authority it's not really that serious, even after admitting fault?

To be fair, I think John Barilaro is – how do I put this without getting sued? – not the kind of person who is interested in how his actions impact literally anyone other than John Barilaro. Other models for justice will not be perfect... but is that any different than the framework we've got?

– CrystalFounder & Chief of Everything at Zee FeedFollow me on Instagram or TikTok

Good stuff on Zee Feed rn:

I really poured my heart into this one over a full year, and after publishing on Friday it went very lightly viral. The messages I've received from people saying how much the piece resonated with them, that they've started talking with friends about it and unpacking their own feelings around what we're supposed to look like... it's warmed my heart, fed my ego & feels way more important than the clicks. But click anyway, please! CLICK HERE TO READ.

Content I loved this week 💭

All the stuff I found on the web that made me think, smile, or have an ‘aha!’ moment. Spend your Sunday reading them – you'll be better off for it:

So i've been publicly shamed on Gut Feelings"When we pay attention to public shamings on the world wide web, the abuse towards people who have 'done wrong' is disappropriately against women... when the internet wants to dehumanize a woman online, they resort to death and rape threats. When the internet wants to dehumanize a man, they insult their masculinity."

Why TikTok’s ‘De-Influencing’ Trend Is Not Here To Stay on Centennial BeautyIf you haven't heard about 'de-influencing' this is a great summary. It really made me think about reactionary movements (how short lived they are) and the ineffectiveness of negative movements (as in, telling people what not to do).

Pamela Anderson's new memoir review on Celebrity Memoir Book Club podcastI love this podcast so, so much (does anyone want to pay me to make an Australian version? Reply to this email!) Their review of Pamela Anderson's new book Love, Pamela includes calling out that time our worst Prime Minister, Scott Morrison responded with gross misogyny when she was advocating on behalf of Julian Assange.

Nothing, Forever on TwitchThis is an always-on, AI-generated Seinfeld episode. As in, AI continuously generates this parody of Seinfeld, forever, and is streamed live 24/7. I don't know what to say except you need to see it to understand and it is lowkey funny.

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