An Australian TV star has been accused of forcing his tongue down a female extra’s throat, kissing her neck after her alleged objections, then saying, “Isn’t that what you’re here for?”.
Rebecca Wilson, 32, has filed a statement of claim in the Federal Circuit Court of Australia, alleging actor Damian Walshe-Howling unlawfully discriminated against her on the set of Bikie Wars: Brothers in Arms in December 2011.
Wilson has applied for a finding that Walshe-Howling “personally engaged in unlawful sexual harassment” towards her and that the show’s production company, Screentime Pty Ltd, is “vicariously liable” for her former colleague’s conduct, according to documents obtained by news.com.au.
Wilson was cast as an extra in two episodes of the Australian drama miniseries, in the role of “Bandido Party Girl”, while Walshe-Howling, 48, played the bikie gang character of Chopper.
The male actor, 16 years Wilson’s senior, appeared in the TV series’ Blue Heelers from 1994 to 2006, Janet King (2014-2017) and Australian horror film The Reef (2010).
He became a household name for his role as contract killer and Carl Williams associate Andrew “Benji” Veniamin in the first series of Underbelly which focused on the Melbourne gangland wars, for which he won Best Supporting or Guest Actor in a Drama Series at the 2008 AFI Awards.
Wilson, who said she was unable to return to work in TV or otherwise, claims she was dancing in a bar during a scene for Bikie Wars when Walshe-Howling “suddenly approached”.
“When he approached her he grabbed the back of her head and kissed her,” Wilson’s original complaint to the Australian Human Rights Commission — filed in July 2018 — states.
The document is attached to those filed to the Federal Circuit Court on September 20, 2019.
“The Complainant (Wilson) tried to pull away but the Respondent (Walshe-Howling) wouldn’t let her,” it reads.
“The scene continued for another minute or so.
“This was not part of the script nor was the Complainant aware that this was going to be a part of the scene.”
The former actress claims he approached again and “looked to kiss her” which prompted a conversation.
It allegedly went as follows:
Wilson: “No, I don’t want to kiss you!”
Walshe-Howling: “Just do it!”
Wilson: “No, I don’t want to!”
Walshe-Howling: “Just pretend!”
Wilson: “No!”
“The Respondent then stuck his head around into the Complainant’s hair and kissed the side of her neck,” the AHRC complaint states.
“Again, this was not part of the script and was without the Complainant’s consent.”
The AHRC terminated Wilson’s complaint on September 4, 2019, triggering the court case.
“I note the Commission facilitated conciliation discussions with the parties in the period April 23, 2019 to August 30, 2019,” delegate of the AHRC president, Caroline Tjoa, said in a letter seen by news.com.au.
“I understand that the complaint could not be resolved through this process because the parties could not agree on how to resolve the complaint.”
Wilson had 60 days to apply to have the allegations decided in the Federal Circuit Court but took just 16.
In her statement of claim, Wilson alleged she was “forcibly kissed” on the lips while filming, with Walshe-Howling “forcing his tongue into her mouth to contact her tongue”.
Wilson said she was “physically held … by the back of her head so that she was unable to free herself from the non-consensual and unscripted kiss” and he later grabbed her arms with his hands.
The extra claims he also allegedly rubbed his face in her hair when she turned her head away and again grabbed her by the arms, saying words to the effect of, “Isn’t that what you’re here for?” after apologising for having upset her.
Her AHRC complaint states she was taken upstairs by producers of the television show, who “in an attempt to silencer her” told her Walshe-Howling was a “great guy” and hadn’t done anything on purpose.
“Don’t go public or it will ruin his career,” the producers are alleged to have said to Wilson.
A safety officer allegedly told her he would be “so angry” if it had happened to his girlfriend.
“This shouldn’t have happened to you,” Wilson claims he said, adding that he was “so sorry”.
In addition, Wilson said she suffered a serious injury within 15 seconds of going back on set.
She said she was eventually coaxed back downstairs but was shot filthy looks by male actors.
“She felt as though they had been discussing her,” her complaint states.
“One of the other male actors charged towards the Complainant and smashed into the bar on top of which she was dancing.
“The bar was not fixed so it went backwards and the Complainant fell from it, severely injuring her back.”
Wilson said she was asked to complete an incident report about the fall from the bar but never one in regards to the alleged sexual harassment. She went to the doctors and never returned.
She has since received statutory workers’ compensation payments in relation to that injury.
Wilson, in her pleading to the court, said she had suffered loss and damage in the form of hurt, humiliation and distress as a result of the alleged sexual harassment and discrimination.
She claims the effects include impaired decision making, intrusive thoughts, sleeping problems, anxiety, stress, depression, sadness, flashbacks, social withdrawal, increased teariness, isolation, distrust of people, loss of enjoyment of life and the requirement for ongoing medical treatment.
The 32-year-old told the AHRC she had attempted to return to work on three different occasions but on the second occasion, in May 2012, she suffered an anxiety attack on the way “due to the fear of working closely with another male actor”. She did not return to that set.
She said she had attended the Home And Away set in August 2012 but someone allegedly asked about the “incidents of sexual harassment” during Bikie Wars and she got upset and left.
In a WorkCover NSW certificate, provided to the AHRC, her treating doctor diagnosed her with chronic anxiety and depression “due to workplace sexual harassment”.
Wilson further claims she has suffered economic loss, being loss of income due to her reduced capacity to work between December 5, 2011 and August 31, 2012, and loss of income due to inability to work from that date, plus future reduced income capacity and medical expenses.
She has applied for an order that she be awarded compensation for both the economic loss and general damages (for non-economic loss) along with aggravated damages, interest and costs.
In statement sent to news.com.au, Shine Lawyers national special counsel Will Barsby said Wilson had become “increasingly withdrawn and anxious in the years since the alleged incident”.
“It wasn’t until the #MeToo movement gathered momentum that she felt empowered to say something,” Mr Barsby wrote.
“Ms Wilson is looking for closure so she can put this ordeal behind her and move on with her life.”
On October 1, Walshe-Howling filed a notice of address — postal and email — for service of court documents.
The case will first be heard before Judge Tom Altobelli in Sydney’s Federal Circuit Court on November 11.
Screentime Pty Ltd and the lawyer for Walshe-Howling were contacted by news.com.au for comment but have not yet responded.
sarah.mcphee@news.com.au
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