Statement Analysis: Kathy Sheriff accuses Bill Shorten of Rape
By Colin Ector
Exercising Caution in Statement Analysis
When analysing a rape victim’s account we need to be careful.
As always, we go into the statement with the presupposition that the subject (alleged victim) is telling the truth. In order for us to conclude deception, we must be talked out of this position by the subject’s words.
Rape and the Fight, Flight freeze Response
The impact upon victims of rape is lifelong. During the assault subjects usually react in one of three ways.
Fight
Flight
Freeze
For those that freeze, the psychological damage can be worse. The internal guilt through no fault of their own, of not having fought back can eat them up inside. It is a terrible crime.
False Claims of Rape
We do however see false claims of rape where the subject is willing for a young man to go to prison for a long time because their feelings were hurt, or they felt used or humiliated. If we allow the subject to tell us what happened in their own words we will get to the truth.
Remember, the subject is the one who knows what really happened and this will be on their mind when they are speaking or writing about it. The brain knows what it knows and the only way to hide the truth is to not speak at all.
The language used should reflect the reality of what is happening in the account at that time.
Statement Analysis: What to look for
We analyse the terms used by the accuser towards the attacker. We look to see where unity exists and where it does not. We look for passivity, missing information and where the power lies between the subject and her accuser as the account unfolds. These things and others help us to form a picture of the truth; Of what really happened. 90 percent of deception is done by omission. A true lie is rare, stressful to the brain and will be avoided in upwards of 90 percent of deceptive statements.
Kathy Sheriff and the Rape Allegation—the Background
Kathy Sheriff accused Bill Shorten of raping her at a Portarlington Young Labor conference in 1986 when she was 15 and Shorten was 20. She made a complaint to the police in 2013. The claim was reported as being investigated but no charges were laid.
In March this year, Kathy resurfaced in the news with reports that she has started a fundraiser to access her police file in order to sue Shorten in civil court.
Kathy was interviewed by a journalist who I am unable to now find. I believe it may have been the “Pickering Post” but it no longer appears online. Fortunately, I have a copy of her article in which she interviewed Kathy.
Statement Analysis: Removing the bias
When analysing a statement it is best if we can go into the statement cold. Apart from the context and the accusation we want to know as little as possible about the case, the people involved and anything that may cause an internal bias or an emotional position that could influence us. Some analysts whilst interviewing will look away to avoid the influence of the appearance of a crying and upset female. The damsel in distress. The position of “believe all women” made popular by politicians and some media is nothing more than political point-scoring and does not lead to Truth. Each case must be analysed individually and as much as possible without bias. Some people deceive, regardless of sex or any other variable.
Analysing Kathy Sheriff’s Statement
The following is Kathy’s account of what happened with some of the article included for context. I apologise to the original journalist for not knowing their name.
Warning: This is not a subject or account for children.
Journalist:
Kathy was 15 when she first met Bill. She had lied about her age so she could join Young Labor which required a minimum age of 16. “My sister, Kim also joined”, said Kathy, “and she is 13 months younger than me, so she had also lied about her age.”
Kathy and her sister would take the long train trip down from Wodonga to meet Bill and others at Treasury Place in Melbourne before heading off to Young Labor functions... “I was passionately Labor and wanted to make a mark on the movement”, said Kathy.
She describes Bill at the time as a “nerdy type”, very unsexy and certainly not someone girls would find attractive.
He was very much the leader of the fast-growing Young Labor “Vanguard” Group, which was of the Centre-Right faction and Bill was persistently and openly promoting himself as the next Bob Hawke.
Kathy lit a smoke,
Kathy:
“It was a winter morning in 1986 and a group of around 25 of us were heading off in a car convoy to Portarlington for another Young Labor conference. Bill, who had just turned 20, was organising everything as usual including sleeping arrangements in cabins that adjoined a caravan park.
Statement Analysis:
Does not begin with “I” Uncertain if this is the beginning due to contamination. When a subject begins without the pronoun “I” it is an indication that the statement is less likely to contain reliable information.
The subject refers to Shorten as “Bill” This is friendly and familiar language.
“It was a winter morning”. When an account of an event begins like a novel it is often an account of fiction.
Kathy:
The itinerary included our usual trivial pursuit session and we had stopped for grog at a bottle shop just out of town where I had bought a cask of red and two packets of smokes which was easily enough for the weekend”, Kathy explained.
“We had arrived late and I was given a bed in a cabin with two younger girls. I didn’t know who they were and I asked Bill why I wasn’t put in a cabin with my sister and my friends as usual.
Statement Analysis:
Note the change of pronoun from “Our, we” to “I had bought”. This is important to her.
“asked” is polite
The use of the friendly/familiar “Bill” continues.
Kathy:
Bill replied that the two girls were ‘a bit straight’ and I, as an outgoing type, should encourage them to join in the party scene.”
The party scene included heaps of alcohol, marijuana joints and speed.
Statement Analysis:
“Bill replied” is polite also. He did not tell her
The subject does not deny being an “outgoing type”. What is this? The subject tells us within the context of the party scene and the group in which they belong. “heaps of alcohol, marijuana joints and speed”. It is likely the subject took all of these within the group as the “Outgoing type” within it.
“two girls” Incomplete social introduction likely indicating a less than positive relationship at this point. With the passage of time, it is possible the subject does not remember the names.
Kathy:
Bill’s girlfriend at the time, Kaye, apparently had not arrived.
Statement Analysis:
Note the social introduction. Bills girlfriend Kaye would be an indication of a good relationship. The inclusion of “at the time” and then her name as more of an afterthought may be an indication that Kaye was not a consideration.
To add “apparently” may be to appear casual as if the subject did not care, which may indicate the opposite.
Why the need to mention it? She was not there. Anything in the negative is doubly important to the subject.
“Not arrived” implies she was supposed to be there.
Kathy:
Kathy continued, “Anyway, the two girls had gone to bed and I went to the trivia night in another cabin where there were around 20 to 25 of us. We were all in a circle on the floor and Bill was sitting behind me in an armchair.
Statement Analysis:
“Bill” still used.
“sitting” The inclusion of body posture can be an indication of an increase in tension.
Kathy:
“I had my cask of wine a small glass and an ashtray.
Statement Analysis:
“cask of red” is now “cask of wine”. Change of language. What caused it? She is drinking it.
Why the need to tell us it was a small glass. The inclusion of size and glass is unnecessary. Does she want us to think she was drinking sensibly? The need to portray this may indicate the opposite.
Kathy:
Bill was whispering the answers to political questions in my ear. His legs were pressing into my sides and he was blowing on my neck. I kept moving to avoid him and after two or three hours of trivia I’d had enough. I started to get angry with him and went to get up when I realised I was terribly drunk.
Statement Analysis:
Still “Bill”
“started” is an incomplete action. Did she get angry with him?
To “realise” takes time.
The addition of “terribly” makes her assertion of being drunk less reliable. Is it NTP?
Kathy:
“I was loud, ‘How come I’ve got no wine left?’ I asked.
Statement Analysis:
How does she know she was loud? She didn’t shout. She “asked”.
Kathy:
‘Bill’s been refilling your glass all night’, my sister said.
Statement Analysis:
This is a weak commitment as well. Expected would be “my sister told me Bill had been refilling my glass all night”.
“said” is conversational. The subject wishes us to believe she was “really angry” now.
Did the subject know Bill was refilling her glass all night?
Kathy:
Now I was really angry because that cask was meant to last me the whole weekend.
Statement Analysis:
She wasn’t really angry because she was “terribly drunk”. She was really angry because she had run out of alcohol.
Qualifying words such as “really” and “terribly” weaken a subject’s words making them less reliable and can be a need to persuade.
Kathy:
“A girl called Helen suggested a few of us go to her cabin for a joint. We did and we left the lights off and were giggling and joking about how I had escaped from Bill.
Statement Analysis:
The mentioning of lights can be an indication that sex is on the mind of the subject. “lights off” can mean sex in a negative fashion including rape and sexual abuse.
Kathy:
"We had smoked lots of joints and we were having a great time when Bill walked in. I saw him first and ( ) hid on the lower bunk but he saw me and flopped himself on the bed next to me while everyone continued talking.
Statement Analysis:
The subject reported that she was terribly drunk and yet she was still able to smoke “lots of joints” and have a “great time”. She was 15 at the time. If she was as drunk as she reported it is likely she would not have the tolerance to still be having a great time at this point.
“I saw him first”. Is this attraction?
Is this a missing pronoun “I” when she reports she hid? Was she hiding or did she go to lay down wanting Shorten to follow her? The word “but” refutes or minimises her hiding.
Kathy:
“Bill began rubbing his hands up and down my legs and around my bottom.”
Statement Analysis:
Still “Bill”. If she is being sexually assaulted at this point, we would expect her to have moved away linguistically from “Bill” to a more distant “Shorten” or “he”. The words she chooses should reflect reality. This raises the question was she ok with what was happening or did she want it to happen?
“Began” is an incomplete action.
Journalist:
Kathy’s voice was breaking, she began sobbing again, uncontrollably, her hands were shaking as she reached for the tissues. We talked about something else for a minute before she was okay to continue.
Kathy:
“I was wearing a large woolly jumper with a coloured pattern on the front and leggings with pixie shoes. I was very warm but I thought it was very unsexy.
“Bill was blowing marijuana smoke on the back of my neck and he started rubbing my lower back and pushing his fingers in between the cheeks of my bottom.
Statement Analysis:
Still “Bill” when blowing smoke on her neck
Incomplete action again. This is appropriate in context.
“He” and “His fingers”. Has she now stopped using the friendly “Bill” now that a sexual assault is taking place?
Kathy:
I froze and pushed myself up against the wall so he was unable to get his hand behind me. The lights were still out and no-one could see what he was doing.
Statement Analysis:
Victims of sexual assault usually have one of three responses. Fight, Flight or Freeze.
The subject mentions lights being out again. At this point, the subject’s language is fluctuating between being congruent and not with sexual assault. She has removed the friendly and familiar “Bill” and replaced it with “he, his”. She reports freezing and “lights out” has entered her language.
We have to follow along and believe her words. We do not interpret. The subject is the one who knows what happened. If she was unsure what she wanted that could explain the fluctuations in her language. Was she attracted to Bill but did not want sexual contact? Was Bill moving too fast for her? We must listen to her.
Kathy:
“I could smell the beer and lime cordial he always drank.
Statement Analysis:
This is sensory language indicative of experiential memory.
Kathy:
I stood up and signalled to Helen that I needed to get out of there. Helen suggested we both go for a drive to the beach and I agreed, so we walked to her Hillman which was some distance away and I got into the front seat.
“‘Hang on I forgot my smokes’ I said.
Statement Analysis:
Body posture indicating an increase in tension. (stood up)
“Hang on I forgot my smokes’ I said.” She is not telling us she went back to get her smokes. It is likely there was another reason. We don’t know what that was. Marijuana? Bill? We don’t know.
Kathy:
I went back to the cabin to get them. When I returned, my sister and two other people were in the back seat and Bill was in the passenger seat. He tapped his legs motioning me to sit on his lap. It seemed innocent enough because there were others there and I didn’t really want to damage a professional friendship with Bill in front of them.
Statement Analysis:
The subject is using the friendly name “Bill” again after she has reported being assaulted by him. This is unexpected unless she has mixed emotions about the assault. Has she changed her mind about Bill?
She reports the reason why it seemed innocent enough without being asked? It is likely there is another reason she is concealing. This is unexpected after a report of sexual assault.
Kathy:
“I was stoned and drunk and made the silly decision to sit on his knee but I leant forward holding on to the dash board, getting as far away from him as I could get.”
Statement Analysis:
Did she feel pressured to get into the car and sit on his lap and not make a scene?
Stoned and drunk but she made the decision. She could have refused but did not.
Kathy:
“Bill immediately started to touch me everywhere, and I mean everywhere. I was trapped and it was horrible. Then he started to bounce me up and down with his knee in between my legs. I could hear by his breathing that he was getting excited and he was trying to get his hand inside my pants. I kept slapping his hand away, it was getting awful and I yelled for Helen to stop the car.
Statement Analysis:
The subject continues to use “Bill”. Does she still like him at this point and is hoping that he will stop and they will still be friends or is she not telling truth?
Incomplete action again. “started”.
The subjects mentioning of Shorten’s breathing is likely from experiential memory.
“kept” Repeatedly having to slap (which is likely with force). This is congruent with the subject’s account.
The subject “yelled for Helen to stop the car”. This is congruent language. She did not ask. She yelled when it was getting awful. I believe her
Kathy:
“Helen stopped the car immediately. I was now distraught, ‘Please take me back’, I yelled. Helen turned the car around. We hadn’t gone very far and I was prepared to suffer Bill’s groping knowing we were only minutes away from the cabins.
Statement Analysis:
The subject has not told Shorten to stop. She has slapped his hands away repeatedly and yelled to the driver. This may be congruent with her freezing earlier. She is only 15 and may not have the confidence to tell Shorten to stop. It is also possible she has been sexually abused in the past which would make her more susceptible to abuse again and more likely to freeze.
The subject reports yelling twice at the driver. Once to stop and then again to “Please take me back”. If she has this confidence, why does she not have the confidence to yell at Shorten to stop?
Kathy:
“When we arrived back I leapt from the car and headed straight for my cabin with my sister following me, calling out for me to wait. I rushed inside where the two girls were still asleep and I leaned against the wall in the hallway trying to gather my thoughts... ‘Why is Bill doing this to me, why is this happening?’
Statement Analysis:
Did Bill continue groping? We do not know.
“I leapt from the car”. Reliable on its form.
Kathy:
“Almost immediately there was a knock at the door I could still hear my sister’s voice and it sounded like her knock, quick little knocks.
Statement Analysis:
The mentioning of doors can be an indication that the subject was sexually abused as a child.
Kathy:
But when I opened the door it was Bill.
Statement Analysis:
Another mentioning of doors
It is still “Bill” We will now watch carefully if this changes.
Where did her sister go? Was she not following?
Kathy:
He grabbed me by the shoulders and pushed me backwards, I had no time to react. I was drunk, stoned and scared. Suddenly he had me in the bathroom.
Statement Analysis:
“He grabbed me by the shoulders and pushed me backwards” is reliable on its form. There is nothing in this sentence to suggest deception.
Bill is now “he”
The element of time is prominent here. “No time to react”, “suddenly” Is this need to persuade? This may be an indication that the length of time is longer than the subject wishes us to believe.
“he had me in the bathroom”. There is no unity of the pronoun “we” here. The balance of power is away from the subject and Shorten has the power at this point. We watch to see where this goes.
It is worth noting this may be a confession. “He had me in the bathroom.”
Kathy:
“My head was spinning as he grabbed at my pants I remember saying, ‘What, what, what, what, what?’ I don’t know why I was saying that, nothing was making sense.
Statement Analysis:
She does not have the power and “Bill” has become “he”.
A subject can only tell us what they remember. It is unnecessary to say “I remember” Here there is a large gap of time and the subject reports being intoxicated both of which could make this an appropriate use of “I remember”.
Kathy:
“As soon as he started undoing his belt it gave me the chance to get my pants back up. But once his pants were down I had no chance. He had both hands free and was pressing me hard against the wall and I could feel the towel rail digging into my back.
Statement Analysis:
Is this reflection or regret? When did the subject realise this? At the time or after the event?
The subject admits here that she could have stopped the sexual encounter here and she did not. Was this because she froze or did she want it to happen?
Who pulled down her pants? “he grabbed at my pants” but who pulled them down? This is passive. She does not say it was Shorten and we cannot say it for her.
The element of time remains. “as soon as” and then there is an opportunity in time for her to get her pants back up.
Was she stood there with her pants down while Shorten undid his belt and pulled down his pants?
There is no “Bill”. There is the less familiar “He, his, he”.
Kathy:
“Before I knew it he was inside me, I couldn’t really feel him and he was very quick, it seemed like only a few seconds before Bill’s grunting told me it was over.
Statement Analysis:
“before I knew it”. Element of time again and possible NTP? This is not congruent with the realisation that she had the chance (time) to get her pants back up.
“He was inside me” is not to tell us that he forced himself inside her.
Anything reported in the negative is doubly important. The subject reports what she couldn’t really feel whilst being raped. This is unnecessary to say and unexpected. Is this to insult Shorten? The subject has a need to insult her rapist’s sexual prowess.
The subject now insults Shorten again. She does not report the rape was over quickly. She could have said this in numerous ways. The expected is that being raped would be her linguistic priority “It was over quickly” but the subject reports “He was very quick”. It is not that the rape was over quickly but it is “He” that was not just quick, but very quick. The qualification “very” adds to her need to insult Shorten.
The insult piles on a third time with “only a few seconds”.
“Bills grunting told me it was over”. Use of the familiar “Bill” at the point in her statement when she is being raped is unexpected. The name she uses for him should reflect the situation she is in at this point in her statement. The man she is accusing is inside her at this point and she continues to use the familiar and friendly “Bill”.
She was “told” it was over rather than reporting it was over. Was this over too quickly for the subject? Was this a disappointing sexual encounter for her?
This is the actual rape event account. How does she report it?:
She had the opportunity to stop it
He was inside her
Insult his sexual prowess
Insult his sexual prowess
Insult his sexual prowess
Use of his familiar name “Bill” during penetration
Indication it was over too quickly
Kathy:
“Bill withdrew and he pulled my pants up, all I could see of him was a large green jumper and his khaki trousers on the floor, I couldn’t look at his face.
‘Gee you’ve been around’, said Bill as he was doing up his belt. I spat at him, ‘I thought you would have been better than that’, I replied with venom, it was the only thing I could think of that might hurt him.
Statement Analysis:
The subject continues to use the familiar “Bill”
Not only has the sexual encounter been disappointing but now Shorten insults her.
There is an indication here that the subject has thought about having sex with Shorten and now feels insulted and likely humiliated. Humiliation is a common trigger for retribution.
The subject reports a desire to hurt Shorten.
Kathy:
“He walked out while I stayed in the bathroom.
Statement Analysis:
In many false reports of rape, the accusers report that the man “left”. It is the leaving after the woman has given themselves to the man that provokes humiliation and retaliation in the form of false report. Here we have the similar “He walked out”.
Consider “He walked out on me”
Kathy:
I sat on the toilet sobbing for hours trying to wipe the smell of him away. I had broken up with my boyfriend a year before and we had experimented with sex but neither of us thought much of it, we didn’t have much success with it really.
“I was shocked that my vagina had been lubricated, ‘Why was that’, I thought, ‘how could I have been wet when it was so awful? Had he worn a condom? No, there was no time!’
Statement Analysis:
The subject is not reporting that she was raped here. She is reporting surprise at her lubricated state when the experience was awful. This is congruent with a negative sexual experience rather than rape.
Kathy:
“I was all sticky so I showered and went back to the bedroom. The girls were still asleep and I fell on the bunk in a drunken haze trying to grasp what had just happened. ‘Why would Bill do that to me, we were Young Labor friends and I had never thought of him in that way, he was my senior and I had looked up to him.
Statement Analysis:
What did Bill do to her? Rape her? Or leave and humiliate her?
The subject now refers to herself and Bill using the pronoun “We”. This is unexpected and a red flag. The pronoun “we” strongly indicates unity and cooperation. There should be no unity or cooperation between a rape victim and her accuser during or after a sexual assault. It could be argued that she is referring to the past before the rape took place whereupon the significance of “we” would be lessened. It is unclear if she is referring to the present or past in her recollection.
Kathy:
“And why was I wet? Did that mean I actually wanted him to rape me? Should I tell anyone? Would anyone believe me?’ Nothing made sense as I closed my eyes and tried to sleep.” ...but it was far from over for Kathy.
Statement Analysis:
The subject has formed the words “I actually wanted him to rape me” in the free editing process. She is not quoting anyone else. This may be what we call an embedded confession. Often a deceptive subject will embed the words of a confession within their words. This is likely the case here.
[Studies in America have shown that at least 25 per cent of women who have been raped have reported experiencing vaginal lubrication, some have even experienced orgasm. This has proved damaging to prosecution cases but research scientist, Kelly Suschinsky, explains that the arousal signal from the brain is similar to the fear signal and it’s a protection mechanism that will prevent damage or tearing to the rape victim. Rape victims in these cases have tended to express a degree of guilt and say that their bodies have somehow betrayed them, but that is certainly not the case. It was also noted that some men reported experiencing ejaculation during a fierce fight.]
Journalist:
Kathy awoke the next morning, she felt sick and stayed in bed until 4pm, she then dressed and attended the Party conference that evening at the Convention Centre at the far end of the caravan park.
Kathy:
“Bill was there but I ignored him. He had spoken to so many people about how he ‘had sex’ with me and I felt so uncomfortable with what I thought were so many eyes inspecting me. So I told my sister Kim that we were going home early in the morning, left the conference and went back to bed.
Statement Analysis:
The humiliation for the subject continues from the actions of Shorten
He still remains “Bill”. I would have expected her to refer to him as “Shorten” or “he”.
The subject reports she is going home not because she was raped but because there were “so many eyes inspecting me”.
Kathy:
“The next morning, we packed up, arranged to get a lift to Spencer Street Station and caught the train back to Wodonga. The trees and paddocks were flashing past as I stared out the window. Something had changed in me, I could sense it, I was feeling so many different emotions that they had merged into one giant ball of muddled confusion.
"I could feel I was a different person, but I didn’t know in what way.
Conclusion
The subject’s words are indicative of…
Rape is not reported reliably.
Shorten likely abused his position in the group to take advantage of Kathy sexually.
Shorten was likely persistent in his pursuit of Kathy bordering on harassment.
The subject gives linguistic indications that she eventually consented to the sexual encounter including penetration.
The sexual encounter was a negative sexual experience for the subject.
The subject was left unsatisfied and humiliated by the sexual encounter with Shorten.
The humiliation was likely amplified by Shortens bragging to the group which may have been the trigger for the claim of rape.
The subject is a possible victim of childhood sexual abuse.
Kathy’s account is not pleasant to read and you may feel sorry for a young girl in her position who felt humiliated and used. It remains however that from her words she was not raped. Shorten was no gentlemen by any means from Kathy’s account, but he did not rape Kathy. This can be a common theme in false claims of rape. From these sort of accounts, it is likely you will not like the accused but that does not mean they should be punished for a rape they did not commit.
There is quite a lot more that could be analysed in this account but nothing that changes the conclusion.
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