Searing: ‘Prima Facie’ by Suzie Miller

Prima Facie reads like the best kind of courtroom drama, where as readers we are invested in the characters and the outcome. Fans of the British series Silks starring the wonderful Maxine Peake will no doubt enjoy this novel by English-Australian author Suzie Miller. In fact, the character at the centre of the book, Tessa, is reminiscent of Silks’ Martha Costello: a scholarship student from England’s north and a working class background, who has had to fight to achieve her goal of a career in the law.

However, the crime at the centre of the Prima Facie case is one that is all-too-familiar to women and girls – one in three, in fact – that of sexual assault.

Tessa loves her career, her flat in London and the life she has carved out there. Despite always feeling like an outsider among her colleagues with impeccable family backgrounds in law and legal studies, she is ambitious and passionate about her chosen profession as a criminal defence barrister.

Indeed, the law is something she strongly believes in and she also believes it has a role protecting those who can too easily (and at times unfairly) become targets of police and prosecutors.

She is very good at her job. She has refined her techniques of cross-examination with the belief that her role is to ‘test the case, just test it, and test it over and over. Find the inconsistencies. And when the police leave themselves wide open, it is all instinct and practice that lets you bring it home, lets you land that plane.’ p63

Then the unthinkable happens and she is raped. Now she must decide if she wants to test the system, to see if it will work for her, knowing full well the dismal statistics on the number of sexual assaults that occur, compared to those that are reported, prosecuted, and – most dismal of all – actually result in a conviction.

Legal instinct tells me that this is a losing case. But I must do something. I can’t not. I have to believe that the system I have given my life to will do the right thing. The legal system gave me the life I have, gave me a chance to rise to the top. I have to rely on it.

Prima Facie p172

The novel is written is first-person present-tense, and as sometimes happens for me, I found the present-tense occasionally jarring. On the upside it allows the reader to feel we are inside Tessa’s head and privy to her thoughts and emotions, and it’s possibly one of the most searing reflections of the experiences of a survivor of sexual assault that I’ve ever read. It feels very real.

The other aspect that is believable is the description of the world of a London barrister. The author’s own training and work in the legal profession allows her to open the door to readers for us to step inside.

There is so much that this book highlights: the risks taken by a victim of sexual assault when deciding whether to report the crime; the ongoing trauma of investigation and court hearings; the impact on family, friends and colleagues; how ‘consent’ is defined and tested; the way the law has traditionally dealt with such cases in the courts.

The law of sexual assault spins on the wrong axis. A woman’s experience of sexual assault does not fit the male-defined system of truth, so it cannot be truth, and therefore there can be no justice.

Prima Facie p332

Because of its subject matter, this is not an easy book to read, nor is it ‘enjoyable’ in the usual sense. It is a gripping, dramatic and engrossing story that had me turning pages compulsively, and left me with much to think about.

Prima Facie was published by Picador, an imprint of Pan Macmillan Australia, in September 2023.