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In-house lawyer alleges CEO engaged in pattern of ‘unwanted sexual advances’
A legal counsel of software company Dovetail has accused the co-founder and CEO of persistent and unwanted sexual advances.
Naomi Neilson
Benjamin Humphrey. Source: Dovetail
In documents filed with the Federal Court, Dovetail’s legal counsel, Bethany Lo Russo, alleged co-founder and CEO Benjamin Humphrey pressured her into a sexual relationship, forced non-consensual sexual activity, and engaged in victimising conduct.
The originating application alleged Humphrey took advantage of the significant power imbalance that existed between the two.
“Humphrey exploited this power disparity during Lo Russo’s employment at times when she was vulnerable and felt unable to object to his advances,” Lo Russo alleged in the application.
“Humphrey relentlessly pursued a romantic and sexual relationship with Lo Russo. He exercised a high degree of coercive control.”
In a statement, Humphrey said he “strongly believes” the four-month relationship he had with Lo Russo in 2022 was consensual.
He said the allegations were intended to “create maximum reputational damage to me and Dovetail”.
“I acknowledge that in my position, getting into a relationship with someone at work was an error of judgement.
“However, I do not believe I did anything illegal,” Humphrey said.
Humphrey also pointed to a decision by SafeWork NSW to dismiss the complaint for allegedly finding the relationship was consensual.
Lo Russo claimed the first of the alleged incidents occurred at a Christmas party on 15 December 2021. Although her employment did not start until 10 January, she was invited to attend.
She claimed Humphrey allegedly asked Lo Russo if she had an “open relationship” with her husband because he was “testing whether she may be interested in sexual relations with him”.
At the end of the night, Humphrey allegedly hugged her and then “slid his hands down Lo Russo’s buttocks and squeezed them hard”.
Between April and May 2022, Lo Russo alleged sexual advances occurred when she was “heavily intoxicated and felt emotionally manipulated and pressured by the imbalance”.
While she participated and reciprocated at times, Lo Russo alleged it was under the duress of Humphrey’s “relentless romantic campaigning, increasing fears for her job security and her sense of self and autonomy being eroded”.
Lo Russo described one incident that occurred after hours at the Dovetail offices on 18 March 2022, in which Humphrey allegedly led her into a meeting room, undressed her, and inserted his penis into her vagina. Due to fatigue, she moved “in and out of consciousness”.
A similar incident allegedly took place at Humphrey’s home after drinking with other employees at the Star City Casino.
Lo Russo also included a number of text messages she received from Humphrey, including one that asked why she was “pretending like you don’t love me and that our relationship isn’t special?”
In his statement, Humphrey claimed there is a “large body of text messages, photos and voice notes that speak to her love for me, and her enthusiasm for the relationship and intimacy we shared”.
Two days after Lo Russo told Humphrey she had informed her husband of the events and requested he not contact her about personal matters, she was made aware of an employee complaint about Humphrey’s alleged inappropriate conduct towards her.
Humphrey allegedly directed her to “present a public narrative that their relationship was loving, consensual and mutually desired”.
Lo Russo said she was not asked if she consented to this narrative, and no one inquired about her wellbeing or version of events.
A few days later, Humphrey texted her: “I’m in a constant state of heartbreak, missing you, craving you.”
The originating application also alleged Humphrey sent numerous messages to the broader team that were critical of Lo Russo’s abilities and the quality of her work. She said these were not raised directly with her and believed the criticisms were unjustified.
Lo Russo has claimed Dovetail breached the implied term in her contract of employment to provide a safe workplace and breached its duty of care to provide a safe system of work.
Among other things, Lo Russo sought a public apology, compensation for psychiatric damages, an injunction restraining Humphrey and Dovetail from engaging in unlawful sexual harassment and victimisation, and adequate training to be put in place to address intimate and sexual relationships in the workplace.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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