In the courtroom – much like the theatre – a specific outcome is not just based on facts. It’s a matter of perception.
What a judge or jury might perceive to be the truth will shift depending on testimony, the quality of cross-examination, who carries the burden of proof. When it comes to art, a subjective and varied response is a wonderful thing. In the pursuit of justice, however, it’s not so wonderful.
This subjectivity of the legal system, particularly in sexual assault cases, informs the narrative of lawyer turned playwright Suzie Miller’s work Prima Facie, packaged for the Perth stage by Black Swan State Theatre Company.
Tessa (Sophia Forrest) is a successful barrister who specialises in defending clients accused of sexual assault. When a series of events see her on the other side of the witness stand bringing her own sexual assault case, Tessa realises how much the odds are stacked against her – and others in her position.
Since premiering in 2019 at Sydney’s Griffin Theatre Company, Miller’s play has soared to popularity with Jodie Comer starring as the solo performer on West End and Broadway productions. Comer’s performance, so lauded, has already become the stuff of theatre legend. It’s a lot for Forrest to stand up to, but the 29-year-old actor rises to the challenge.
Forrest’s Tessa begins as cocky, indignant. It’s exhilarating to watch Tessa tearing apart opponents, despite it feeling a bit dirty. As the barrister, Forrest delivers a sly hubris that’s tempered with quivers of innocent excitement; moments that bring humility and charm to the character.
A product of her legal education (or indoctrination), Tessa knows the rules and is winning the game – but the game turns on legal rights, not moral ones. After all, the law is a product of the society which has created it, and the British and Australian legal systems remain rooted in patriarchal values.
As an Australian-British playwright, Miller’s work, supported by director Kate Champion’s local focus in this production, effectively scrutinises our legal systems. And this scrutiny forms the second half of the work, with Tessa falling out of love with the law. Forrest’s performance turns on a dime, as the assault, naturally, shifts the mood. The most evocative part of the performance comes from audiovisual designer Jessica Russell’s video footage. As Tessa recounts details of her assault, behind we see Forrest’s desperate, writhing face projected on to a screen.
One hundred-odd minutes of delivering such weighty subject matter is physically and emotionally demanding. Emotionally for the audience, too. Forrest carries the weight of the work on their shoulders, all alone amid Bruce McKinven’s sleek, dark set. Forrest’s performance is strongest when Tessa is inspired, moreso than when the character is raw and unguarded – but nevertheless they remain dedicated even in the brief times where the script feels repetitive and obvious. Champion’s direction ensures tension is high throughout.
Melanie Robinson’s sound design, too, allows for Forrest to shine. Before we meet Tessa we hear her pulse and her high heels: a human element against the corporate armour. The beating heart creates a recurring soundscape, even when soaring string melodies enter to elevate the mood. But the sound is most notable when it’s absent – whenever Tessa’s monologue is particularly poignant.
As a legal principle, prima facie refers to seemingly straightforward, albeit rebuttable, evidence. In Latin, it means “on the face of it”; a series of facts that make things appear a certain way. Black Swan’s Prima Facie shows us that, on the face of it, the legal system exists to uphold justice, but in reality the system is broken.
While the law reflects the society from which it comes, art has the power to unmask the failings of that system and make change. In fact, this play is already being used as a judicial education tool. But it’s irrefutable that problems still exist. Black Swan offers Prima Facie as a call to arms, an invitation to keep this timely conversation going.
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Prima Facie is on at the Heath Ledger theatre until 21 July
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Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In Australia, support is available at 1800Respect (1800 737 732). In the UK, Rape Crisis offers support on 0808 500 2222. In the US, Rainn offers support on 800-656-4673. Other international helplines can be found at ibiblio.org/rcip/internl.html
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