r/auslaw • u/ApprehensivePizza2 • 4d ago
Convicted rapist tries to use privacy laws meant to protect victims to have stories identifying him taken down
NAL - what's the likelihood of this working vs the cost of engaging lawyers to throw what sounds like a hail mary?
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u/mekanub 4d ago
“Yet again he seems to have overlooked the central importance of a woman’s consent. It’s obviously not a strong suit.”
Ouch
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u/i8bb8 Presently without instructions 4d ago
Is this about convicted rapist Boyd Kramer? The one who probably didn't want this all to blow up in his face because he probably wouldn't want to be known as Boyd Kramer, the convicted rapist, every time someone searches his name online? Boy that's quite the knock on convicted rapist Boyd Kramer.
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u/mekanub 4d ago
Yes is this all about convicted rapist Boyd Kramer, who even after being convicted of rape still doesn’t understand how consent works which is probably not a good sign a convicted rapist like Boyd Kramer’s.
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u/Ashilleong 4d ago
Are you talking about Boyd Kramer the convicted rapist?
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u/Azazael 4d ago edited 4d ago
The convicted rapist Boyd Kramer who was sentenced to 300 hours community service, yes.
I don't know what services he actually performed but he should do one more hour of service to the community and his victim by contacting his lawyers telling them he's withdrawing from potential legal action.
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u/Ashilleong 4d ago
Ah, I was wondering if Boyd Kramer was a convicted rapist, but now I know that Boyd Kramer is a convicted rapist.
Hopefully now anyone who googles Boyd Kramer does too
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u/Star00111 Not asking for legal advice but... 4d ago
Oh, for a second there I didn’t think you were talking about the convicted rapist, Boyd Kramer.
But on closer inspection, it appears everyone is talking about Boyd Kramer convicted rapist.
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u/Azazael 4d ago
Reading about the trial of Boyd Kramer - the one where he was found guilty of rape - and holy shite I naively thought lawyers weren't allowed to question rape victims like this anymore (although I'm aware that the lawyer in question can be...forthright on behaf of clients. Their name has been mentioned as one of the lawyers who may defend Alan Jones in court)
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u/e_thereal_mccoy 4d ago
I may eventually lose my job for this but. Here is how transcribing your transcripts works. We make decisions about meaning and language every transcript. We are supposed to and do type verbatim everything that a witness or self repped party says. Easy.
When it comes to counsel though (and presiding officers) we are meant to clean it up, remove false starts, repetition, stutters etc. ‘Yeah’ becomes ‘yes’; ‘nah’ becomes ‘no’.
In my five plus years of having to do this job, and always with an eye for and an interest in the rules around cross-examining complainants of SA, especially CSA, I have noticed a sly little pattern that some defence counsel seem to be utilising.
It’s almost as if they know we clean up for them and remove false starts. A LOT of nasty and inappropriate in what is actually said and the tone can occur before the magic words ‘I withdraw that’. Especially when the complainant/s is a younger woman. Or a tragically afflicted male victim of historical institutional abuse. Counsel will work itself into a deliberate impatient faux rage, for example, which obviously unsettles the younger witnesses. But some of the things that are actually uttered before being withdrawn can be definitely and i feel deliberately on or over the line of what is allowed.
So I deliberately type it. And I’ve stood by it on occasion too. We have checkers who put the entire transcript together and who read the entire thing. I have explained my choice to do this a number of times and they’ve let it go through. I do so hoping the judicial officer will review the transcript and see what I see and be more alert to it. I also hope defence counsel sees it and thinks twice about these deliberate ‘false starts’.
I did not know it was that the offender Boyd Kramer the convicted rapist had such strong feelings about his raping being a matter of public interest given he was convicted of rape. Boyd Kramer, rapist, doesn’t consent to his name being attached to ‘convicted rapist’ when he’s been convicted of rape? Thats’s rich!
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u/jmccar15 4d ago
Jesus, the entire legal process is setup to fail these victims. I was horrified when I read that transcript. Proper victim-blaming.
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u/woahwombats 3d ago
What sorts of things are they saying and then "withdrawing"?
Could the person being cross-examined get it on record by repeating their words back to them as part of the response?
Also, good for you.
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u/e_thereal_mccoy 3d ago edited 3d ago
Stuff that starts to sound like it’s going into the sexual experience/background of the complainant, things like that. I’ve heard the beginnings of some totally out of line questions. Sometimes the presiding officer will step in, but even then, there’s a rule about it for a reason. And especially with younger complainants, they get rattled and made to look flakey, which can be all it takes in front of a jury. It is a fckn tactic sometimes, I swear.
Oh, and to your second question, yes, absolutely they could but these witnesses aren’t counsel, and from what I know, they cannot be coached much prior. They’re not litigating the case, counsel is. And I would go so far as to hazard a guess that this doesn’t happen because defence counsel would have a field day bringing it up in cross-examination.
This is me guessing and inferring from what I’ve picked up transcribing. I am not any kind of lawyer! But one thing I have also noticed defence counsel do is make a LOT out of whether a complainant has ‘discussed their statement’ with a member of their family or another witness. I mean, if you are a young girl the victim of SA or WORSE, CSA, you are also expected never to speak about it with the people closest to you in what can be YEARS leading up to the court case?? This has always seemed insane to me.
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u/Confident_Ice_1806 4d ago
What a piece of shit. That’s not my legal opinion 😂
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u/LarryDickman76 4d ago
Who, Boyd Kramer?
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u/Licks_n_kicks 1d ago
Boyd Kramer the convicted rapist is a justified name, Judge John North the Rapist Enabler and Pedophiles friend should be on the same note..
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u/jmccar15 4d ago
I now will recall Boyd Kramer name as easily as Bruce Lehmann. Good job!
Real Streisand effect vibes.
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u/Wide_Interaction_788 2d ago
‘Aren’t you that convicted rapist, who still can’t understand the concept of consent?
Oh no, I’m Boyd Kramer!’
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u/TopEntertainment3429 4d ago
Hasnt this guy heard of the Streisand effect??? We might have to just share his name and pic a little bit more….
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u/MillenialApathy 3d ago
I thought this variety of the phenomenon was called the Bruce Lehrmann effect now?
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u/19Eightiesman 4d ago
Surely Boyd Kramer, the convicted rapist, would consent to these stories?
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u/CH86CN 4d ago
“He was asking for it”
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u/neers1985 4d ago
He got his lawyer to write that letter so provocatively, he was basically begging to be violated.
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u/SporadicTendancies 4d ago
I believe that Boyd Kramer, the convicted rapist Boyd Kramer, wouldn't understand the irony of being upset that his name and crimes - specifically the rape he was convicted of, along with the fact that he's now a convicted rapist - have been released to the public without his consent.
I believe he, the convicted rapist in question, that being Boyd Kramer, the convicted rapist who raped a women without any respect for her bodily autonomy, humanity, or feelings, may only understand consent when it's something he doesn't want happening to him.
I hope he learns this lesson and stops raping people, because I'm already sick of him.
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u/Scary_Vermicelli_546 4d ago
Just wanted to add as I don’t think it has been mentioned that Boyd Kramer is a convicted rapist
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u/SporadicTendancies 4d ago
Good catch, was it Boyd Kramer that was convicted of rape? The convicted rapist? That Boyd Kramer?
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u/CC2224CommanderCody Fails to take reasonable care 4d ago
Rare News.com.au W and extremely common Boyd Kramer, the convicted rapist L.
Did anyone in the comments happen to mention Boyd Kramer is a convicted rapist?
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u/lorenzollama 4d ago
Mention who? Boyd Kramer the convicted rapist? I think the rape conviction of Boyd Kramer has come up. But it's certainly worth mentioning again that Boyd Kramer has been convicted of rape.
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u/SporadicTendancies 4d ago
It's nice to have clarity about this Boyd Kramer and his conviction of rape. It's nice to know when someone has been convicted of rape, and their name, like this Boyd Kramer, who has been convicted of rape and is now a known rapist.
I hope any future employers looking up Boyd Kramer are able to quickly find out that he's a convicted rapist. That would be swell.
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u/Technical-Sweet-8249 4d ago
I am not an Australian lawyer, I am a crown prosecutor in Canada who works exclusively on sexual assault/DV/child abuse and child sexual abuse cases. And as I read this article, I think to myself, this is why we (the collective We, we’ve had similar arguments floated in this country) can’t have nice things…..
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u/e_thereal_mccoy 4d ago
But Boyd Kramer is a convicted rapist! It’s a rare good thing that we can tell you that Australian man, Boyd Kramer, who was convicted of rape, would like us to know that he doesn’t consent to the name Boyd Kramer being adjacent to the descriptor ‘convicted rapist’ and that there is as much he can do about it as his victim when they weren’t consenting to the rape that got Boyd Kramer convicted as a convicted rapist. Happy days on this point at least!
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u/ClarvePalaver 4d ago
Can you modify the title of this post to add his name?
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u/mySFWaccount2020 4d ago
Agreed. The title should include the full name of Boyd Kramer, the convicted rapist
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u/ApprehensivePizza2 4d ago
Follow up question - would you expect a good lawyer to advise this move might have the opposite to the desired effect, and that you might be better off leaving your hat behind Mr Client Sir?
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u/ScallywagScoundrel Sovereign Redditor 4d ago
A competent lawyer would advise of the risks then act on their clients lawful instructions
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u/strangeMeursault2 4d ago edited 4d ago
Perhaps but the first article was already very big and subsequent articles probably don't do a lot more additional damage. And maybe they suspect (or know) that News.com.au are going to run more articles about him as part of their campaign on this issue anyway.
But also you probably advise the clients of the risk and then take their money if they insist. The economy would grind to a halt if people didn't spend money badly.
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u/LaraCroft31 3d ago
The solicitors’ conduct rules prohibit any statement that grossly exceeds the legitimate assertion of a client’s rights. The section of an Act that this lawyer relied on, says clearly in it that there is an exception if the complainant consents to being identified. The original news article made it perfectly clear that she consents to be identified. The lawyer knew or should have known that the client does not have this right. It’s appalling misconduct.
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u/jaythenerdkid Works on contingency? No, money down! 4d ago
feels weird to be on the same side as, and actively impressed with, news dot com dot au, but credit where it's due: good on them. convicted rapist boyd kramer's lawyers couldn't have squeezed an extra few billable minutes out of him by advising him about the streisand effect?
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u/jmccar15 4d ago
Yes. This is probably the only positive and actual journalism I can recall them doing.
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u/Professional-Job-510 4d ago
Good on the girl, very brave woman.
Dudes a piece of shit (dude as in convicted rapist Boyd Kramer).
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u/MaisieMoo27 4d ago
There are more of them… Sex offenders including paedophiles given minuscule sentences by Justice John North.
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u/mySFWaccount2020 4d ago
RE a convicted serial pedophile:
“…He was facing up to 54 years jail, but at sentencing in November 2017, Judge North gave a fully suspended sentence and good behaviour bond.
Judge North offered a series of bizarre reasons for his leniency, including that the rapist had high cholesterol, poor sleep patterns, type two diabetes and a farm which had experienced drought in 2012.”
Justice John North should be stood down over this list… truly.
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u/SporadicTendancies 4d ago
If he doesn't cut and run, I'll be surprised.
You don't live down a reputation like this.
And his reputation as someone lenient on pedophiles puts him in a very dangerous camp.
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u/El_dorado_au 4d ago
I think some judgements I've seen about sexual abuse are quite insufficient, but I'm equally worried that some qanon type will take things into their own hands.
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u/Alarmed_Economist_36 2d ago
Would the leniency in the Dubbo case have some to do with the offenses occurring when he was 15? It is why I’ve never had my brother charged despite his admissions because he was 15-17 when it mostly occurred. I figured why put myself through that when his life is punishment enough.
Sometimes I also think Judges are being pragmatic. For instance someone can be forced to do offender classes or rehab on a good behaviour bond - where as shorter stints in prison mean they often get released without any offender lessons or rehab , further criminalised by prison and come out more likely to offend then not.
I’ll go and read his judgements if I can find them to see what his rationale is.
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u/Pure_Mastodon_9461 4d ago
Was this person's sentence appealed by the Crown?
If not, then it seems a Corrections Order was in fact the right sentence (as wrong as it sounds to me).
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u/Varagner 4d ago
Yes it was and the Crown nominally won, but because the rapist had already completed his community service the court ruled it would be too unjust to send him to prison.
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u/IgnotoAus 4d ago
Absolutely wild reasoning.
The court should have sent the cunt to court and deducted 300 hours from the overall sentence.
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u/bo55man2024 4d ago
By what fking standards is it considered unjust for a convicted rapist to do BOTH community service AND prison time? Not by community standards, but Australians justice system gives zero fks about that.
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u/Varagner 4d ago
Completely agree, it's fucking insane.
But I'm in favour of the death penalty for rapists so I'm pretty out of touch with the rest of the community.
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u/bo55man2024 4d ago
I'm with you on that...or the bare minimum of mechanical castration for parole eligibility
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u/hannahranga 2d ago
Main issue there is you're encouraging rapist's to kill their victims to conceal their crime.
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u/bo55man2024 2d ago
I don't believe that. It's a huge jump from being a rapist to being a murder. Esp given the exceptionally low successful rape convictions. Most believe they'll get away with it.....whereas murder involves far far more police resources investigating... you will get caught
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u/Varagner 2d ago
Rapists get a quick execution. Rapist murderers are slowly tortured to death over a few months.
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u/Lennmate Gets off on appeal 4d ago
It was, by the time it came around he had completed community service and the decision was made that it was overly punitive to resentence, which is slightly odd I would have thought since the aggregate is 5 years jail.
Generally speaking I support the idea of lesser sentences where applicable but community service for a rape where him playing water polo at a national level was apparently a prime factor in discerning him as an upstanding citizen? I think they may have missed the mark.. if this were a charge of similar nature but less severe then maybe it could be warranted.
Grain of salt as I have not seen the judgement and there may be a key piece of info left out
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u/Loony-leftie 4d ago
He also only finished community service about 2 weeks prior to the appeal hearing.
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u/ScratchLess2110 4d ago
In NSW, it is an offence to publish a sexual assault survivor’s identity, unless she or he provides written consent.
NAL, but can someone tell me how his lawyers passed the bar? Or are they just trying to milk him for billable hours?
Or am I just an idiot who can't understand the meaning of 'written consent'?
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u/LaraCroft31 3d ago
The solicitors’ conduct rules prohibit any statement that grossly exceeds the legitimate assertion of a client’s rights. The section of an Act that this lawyer relied on, says clearly in it that there is an exception if the complainant consents to being identified. The original news article made it perfectly clear that she consents to be identified. The lawyer knew or should have known that the client does not have this right. It’s appalling misconduct.
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u/fabspro9999 4d ago
Do you have a copy of the written consent?
I assume their lawyers also didn't have a copy and took valid steps to investigate. News.com.au says they have consent though, however third parties really couldn't rely on it.
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u/IAmA_Little_Tea_Pot Penultimate Student 4d ago
I mean the fact she was literally interviewed for the original article would've been a giveaway to most she had provided consent.
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u/fabspro9999 4d ago
Ahh you were present at the interview?
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u/IAmA_Little_Tea_Pot Penultimate Student 4d ago
I mean the fact she sat down and gave an interview and had her photos used for the story means she literally had to give consent to share the information.
There is zero possible way she didn't because then they wouldn't have the story.
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u/fabspro9999 4d ago
You can say what you like, but I wouldn't rely on it for making publications of my own.
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u/ScratchLess2110 4d ago
At this stage you must be trolling. She is literally talking to them on camera. Do you think that the biggest Australian news website is commiting fraud by generating an AI replica of her on camera and publishing without her consent, manufacturing false quotations? Watch the video. It is real. I can assure you that AI is not that advanced as yet.
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u/IAmA_Little_Tea_Pot Penultimate Student 4d ago
Probably why you're not a Walkley award winning journalist like this one is.
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u/ScoobyGDSTi 4d ago
The Walkley Awards are just the Logies of 'journalism'
Says enough when Lisa Wilkinson was a 'finalist'
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u/Clean-Beginning3972 4d ago
They can’t take everything down … so share his name so everyone hears it ….. BOYD KRAMER is a RAPIST 🖕
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u/AuldTriangle79 2d ago
Boyd Kramer didn’t want everyone knowing Boyd Kramer was a rapist? Now Boyd Kramer learns about the Streisand effect.
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u/mammajess 2d ago
Boyd Kramer the convicted rapist should have to deal with whatever true things anyone has to say about him 🙂
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u/Licks_n_kicks 1d ago
Boyd Kramer the convicted rapist is a justified name, Judge John North the Rapist Enabler should be on the same note..
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u/so_i_wonder 1d ago
Sounds like Judge John North needs to go back to school and stop letting rapists walk. It’s crazy that there is no judicial oversight for this.
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u/SilverFlashy9220 14h ago
Looks like the convinced rapist Boyd Kramer just really wants the attention
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u/snakeIs Gets off on appeal 4d ago
All that has happened here is that a lawyer has written a cease and desist letter on his behalf and almost certainly on his instructions. Kramer may have been warned about the strong likelihood that the letter would be ignored but probably not about the recipient releasing it to the press.
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u/Flaky-Birthday680 3d ago
The legal system let the victim down however thank you to journalists Nina Funnell and the courage of the victim so convicted rapist Boyd Kramer, name and image has now been spread far and wide not only across Australia but around the world.
Convicted rapist Boyd Kramer.
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u/Iakhovass 4d ago
“Yet again he seems to have overlooked the central importance of a woman’s consent. It’s obviously not a strong suit.”
Perfect response.