Brazilian journalist Felippe Canale won a lawsuit against a pub in Melbourne where he was victim of homophobia.
The decision was announced almost a year after the episode happened.
In October 2019, inside a pub where he was with his boyfriend.
A group of about ten men surrounded him and began to offend and harass him.
Security cameras recorded everything.
Felippe Canale registered an incident with the Melbourne police and sought his legal rights against the pub.
What I really want is to take this message forward so that people don't shut up and report it. We all have equal rights
The Brazilian journalist received an official apology from the pub and a sum of money that was donated to an LGBTQI NGO of his choice.
In addition, the entire staff of the bar in question was required to undergo specific training on how to react in cases like this and how to better serve the victims.
Pedido de desculpas oficial emitido pelo bar, em Melbourne, onde Felippe Canale foi vítima de homofobia. Source: Supplied
SBS - At the time of the incident, you gave an interview to our colleague Luciana Fraguas telling what happened during the night you were a victim of homophobia.
Felippe Canale - In October 2019 telling my story. As soon as the incident at the bar happened, I left and went straight to the police station to file a police report. It is very important to say that I was treated very well at the police station. The police always encourage the victim to formally report so that they can take appropriate legal action.
SBS - Felippe, tell us what happened exactly on the day of the incident.
Felippe Canale - I arrived around seven o'clock at night with my boyfriend in this bar and it was very crowded. As soon as I went to get my first drink at the bar, I was surrounded by about ten men who started laughing at me. They asked where I was from and I said I was Brazilian. They then asked me if I was a "fag". I explained to them that this was an extremely disrespectful term and that the correct one was "homossexual".
Soon after, one of the men touched my genital and at the same time I made a scene at the bar saying that I had not give him permission to touch me. And that this was a very serious offence. They were intimidated and surprised by my attitude, as the victim is rarely able to react on the spot. Luckily, they had security cameras at the bar.
At the same time I went to look for the security guards at the bar and they told me that since they were only two security guards and the number of people was greater than they could handle, there was nothing they could do. The bar denied calling the police on the spot to settle the matter and asked me to leave, as the men were very drunk.
SBS - And how did end up receiving an official apology from the bar?
Felippe Canale - The whole process took one year. The incident was in October 2019 and it was only after three months that I learned what I could do. I was instructed to look for the . For those who do not know, this is a place that offers guidance and even free legal representation. The lawyer there advised me to file a lawsuit with the . This is a place where you can make an agreement with the party you are going against.
SBS - So you did not file a lawsuit against the people who attacked you, but against the pub?
Felippe Canale - Yes, against the pub. Because of everything that happened, I thought they didn't know how to deal with the situation appropriately.
SBS - What did you feel that night?
Felippe Canale - A lot of surprise. You never imagine that this will happen in Melbourne, Australia. In Brazil it was very recurrent, I can say that almost every week I went through a situation of homophobia.
In Australia, I went through homophobia three times. One in Brisbane, I was walking with my boyfriend on the street and someone punched me in the shoulder out of nowhere. Another was in Melbourne, when I was passing in front of a pub and a man shouted, "Hey Fag". The man's friends apologised to me and said that this man was a Brazilian recently arrived in Australia. He apologised to me and the bar manager asked him to leave.
And that time that I was a victim of homophobia, I decided to pursue my rights because I believed in Australian laws and everything worked out. The pub in question never denied what happened. The next day the manager called me to apologize. This was a huge victory for me.
SBS - In addition to the official apology, did you also receive a sum of money?
Felippe Canale - Yes. My lawyer and I asked for an official apology, training on how to act in case of sexual violence / harassment for the bar staff, and also an amount of money that I asked to be donated directly to an NGO that works with victims of sexual harassment.
SBS - What is the message that remains for those who are victims of homophobia in Australia?
Felippe Canale - My advice and the Victoria Police's is to always go to the police to file a police report. Make sure the place you are in has security cameras. Go after your rights and look for a free legal center if you can't afford a lawyer. But never shut up, always report.
SBS - Before we wrap up, what was the feeling of receiving the news of having won the case?
Felippe Canale - It was a very good feeling to turn the page. I went after my rights, the country supported me.
Since 2000, the state of Victoria has prohibited any kind of discrimination based on sexual orientation. Same-sex couples have been able to adopt children since 2016. Same-sex marriage has been legalised since 2017.
If you are homophobic, Australia is not the place for you.
Of course, homophobia still exists, but when you report almost all cases end up in victory, if you can prove discrimination. What I really want is to take this message forward so that people don't shut up and report it. We all have equal rights.
Us, members the LGBTQI community, do not want any extra right. We only want the right to walk on the street and show affection for our partner. We want the same rights that straight people already have. Equality.
Production and reporting: Beatriz Wagner
Online article: Jason Mathias
