Real-life ‘Rake’ lawyer Charles Waterstreet learns his fate over sexual misconduct claims
A high-profile lawyer who became the inspiration for Lothario TV lawyer Rake will spend the next year reflecting on his indiscretions as he faces a ban from practicing law for sexual misconduct.
Charles Waterstreet was caught sexually harassing three female employees in April.
On Wednesday, the NSW Civil and Administrative Tribunal ruled the 75-year-old would only be able to reapply for his certificate as a lawyer after a year.
The tribunal previously ruled that the complaints filed against Waterstreet by the three much younger women between 2014 and 2019 constituted sexual harassment.
The incidents included showing nude photos of himself to a female employee, making sexually explicit comments and publicly viewing pornography while at work.
It turned out that he had harassed one of the women, who worked for him as an administrative assistant when she was 24, several times.
In one instance, Mr Waterstreet made comments to the young woman about a client’s female partner, saying words to the effect of ‘I want to rub her all over’.
Like his on-screen counterpart, played by actor Richard Roxburgh, the former criminal defense attorney became widely known for his eccentric and sometimes chaotic approach to the legal profession.
Charles Waterstreet has been banned from practicing law for a year after it emerged he had sexually harassed three female staff members
The high profile was the inspiration for TV lawyer Cleaver Greene in “Rake,” played by Richard Roxburgh
Mr Waterstreet told the tribunal that being diagnosed with bipolar disorder in 2022 had helped him understand what had caused some of that behavior and how it had become inappropriate.
In an affidavit to the tribunal, the lawyer said he previously did not understand that what he perceived as jokes might not be perceived as jokes by others.
“I am ashamed of the rudeness and unrestrained nature of my behavior,” Mr. Waterstreet said.
‘I didn’t understand sexual harassment. I thought it was subjective and that intention played a role.”
The evidence presented to the tribunal included an extract from a December 2023 episode of The Stick Up podcast, in which Mr Waterstreet described himself as ‘politically incorrect’.
“I got in trouble for slips of the tongue,” the lawyer told podcast host Russell Manser.
The incidents included showing nude photos of himself to a female employee, making sexually explicit comments and publicly viewing pornography while at work.
The tribunal found that Waterstreet’s comments outside the formal proceedings indicated that he still had a long way to go before fully accepting responsibility for his actions.
“Understanding is the first step,” the three tribunal members wrote.
“The next step is for him to change his behavior.”
Mr Waterstreet was also questioned before the tribunal about a section of his website which stated he was ‘on sabbatical’ from his work as a lawyer.
When asked about his use of the term, he accepted that it could potentially be misleading.
“It’s a way of portraying a very uncomfortable experience … without saying, ‘I’m canceled,’” Mr. Waterstreet said.
Despite his public profile, the lawyer was forced to file for bankruptcy in 2018 after receiving a bill for unpaid taxes totaling more than $420,000.
He revealed during the tribunal hearings that he had lived in a backpackers hostel for a while but had since moved into his own apartment.
Mr Waterstreet was ordered to pay the NSW Bar Association’s costs.