ADF Class Action: Sexual Violence & Discrimination Claims

by mark.thompson business editor

Landmark Class Action Launched Over Systemic Sexual Violence in Australian Defence Force

A landmark class action has been filed in the Federal Court of Australia alleging widespread and systemic sexual violence, harassment, and discrimination within the Australian Defence Force (ADF). The suit, launched today by Brisbane-based law firm JGA Saddler, automatically enrolls women who served between November 12, 2003, and May 25, 2025, seeking accountability for decades of alleged abuse and a safer working environment for current and future servicewomen.

The legal action comes as harrowing accounts emerge from women who say they endured a culture of fear and impunity while serving their country. One woman, identified only as Kate, recounted a chilling threat from a superior officer: “You will, because we rape women. We take women out the back and rape women like you, so that you follow the rules.” This was not an isolated incident, but rather part of a pattern of bullying and harassment that Kate experienced during her 13 years in the Australian Navy.

Kate’s story, and those of other lead applicants whose names have been redacted, paint a disturbing picture of a workplace where sexual assault was allegedly normalized and reporting mechanisms were ineffective. Allegations include being forcibly pinned to a wall, unwanted groping and kissing both on and off duty, and verbal abuse. One applicant reported waking up naked and disoriented with bruises and scratches after a night out, only to be verbally abused when she reported the incident to her chain of command.

The class action alleges a systemic failure to protect servicewomen, with a disturbing trend of victims being blamed for the assaults they endured. Kate herself alleges that after reporting an incident where a colleague attempted to sexually assault her while she was naked, military police prosecutors asked her to “water down” her victim impact statement and lessen the charges to secure a conviction. This experience, coupled with the trauma of the assault, led her to spiraling into drug and alcohol abuse and ultimately, administrative and medical discharge from the ADF.

“How much blood do you need on your hands for you to consciously say that enough is enough?” Kate powerfully stated, expressing her frustration with the lack of accountability. “For me, it’s about f***ing time.”

The scope of the alleged abuse extends beyond isolated incidents. Rebecca McGraw, who joined the Air Force at 17, described being sexually assaulted on the final night of initial training. Despite reporting the assault, the matter was handled internally, and the perpetrator faced only counseling – a consequence she describes as “getting off unscathed.” A letter from the then Deputy Chief of the Air Force, sighted by the ABC, confirmed that the incident was not reported to civilian police or child protection authorities, despite it being a mandatory requirement. McGraw’s experience left her feeling targeted and distrustful of command.

Donna Manton, a survivor of two sexual assaults during her 30-year career in the ADF, and now chair of The Athena Project, an organization supporting victim-survivors, emphasized the pervasive nature of the problem. “It was like the shame was on you, it was all kept quiet, hush hush,” she explained. “If you brought it up, you were seen as the troublemaker or making extra work for people.”

Joshua Aylward, director of JGA Saddler, stated that his firm anticipates thousands of women will join the class action. “These women are in an unsafe workplace, it is just rife with sexual violence, and sexual assault and sexual discrimination,” he said. “The threat of war often isn’t the biggest safety fear for female ADF personnel, it is the threat of sexual violence in their workplace.” He further noted the horrific nature of the stories he has heard, with some women experiencing repeated assaults and facing retribution for reporting them.

The ADF acknowledged awareness of the class action but stated it had not yet received a claim. A spokesperson affirmed that “All Defence personnel have a right to be respected and deserve to have a positive workplace experience in the ADF. There is no place for sexual violence or misconduct in Defence.” The ADF also stated it is implementing recommendations from the Royal Commission into Defence and Veteran Suicide related to sexual violence and developing a comprehensive misconduct prevention strategy.

This class action represents a critical step towards seeking justice and systemic change within the Australian Defence Force, offering a path toward accountability and recognition for the countless women whose service was marred by trauma and abuse.

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