The current spotlight on the provocation defence invites consideration of some interesting counterfactuals which dwell upon the gender, sexuality and power relationships in play.

Such as, would either (any?) of the women who alleged sexual harassment by Richard Worth have gotten away with pleading manslaughter if they’d killed him in response to his sexual advances?

L

David Haywood has posted a mighty mashuptastic bit of Lawsery on the Richard Worth case which you should all read. Judging by some of his (Laws’, or should that be Lawses?) comments on the wireless this morning, I’d say it’s not too far off the mark.

L

Update: The actual column is somewhat, err, flaccid by comparison.

One of the major issues in this Richard Worth affair, like the Tony Veitch affair, is the degree of scrutiny to which the various parties are being subjected, and the degree to which their assertions are accepted without scrutiny.

Richard Worth’s motives, alleged actions and responsibility generally have not been subjected to significant public scrutiny or discussion (although his reputation has). The victim’s motives, supposed actions and responsibility for her position as a victim have been subject to a much higher degree of investigation; that is, expected to withstand closer scrutiny in order to be considered credible, as have those of her political agent Phil Goff. In most cases this has not been subtle, although some has.

I know, who’d have thunk it. Sexual harrassment victim held to account more strongly than alleged harrasser, sky blue and water wet. But this case, where the differentials in power and standard of acceptable conduct between alleged harasser and alleged victim could not be more stark, illustrates more than most why it’s arse-backwards.

But I think we are seeing a change in the public attitude toward this sort of thing. Although Louise Nicholas, Kristin Dunne-Powell and the anonymous victim here are still subjected to undue scrutiny and speculation, the media have in each case gradually begun to treat the incidents more seriously. As John Key is discovering, it is no longer politically viable to simply ignore this sort of thing and hope it goes away.

L

Richard Worth has resigned from his ministerial positions citing “personal reasons” and taken a fortnight’s leave of absence from Parliament, John Key has said this is related to a criminal investigation for matters unrelated to his actions as a Minister or MP.

Why, other than a desire for gossip, do we need to know what Worth is being investigated for?

He, and any victim(s) that may exist, have all the same rights they would have if he were not in Parliament. If one of my neighbours was being investigated by the Police I would have no expectation of being informed of the existence of the investigation, let alone the substance of any allegations. Why is this any different?