An Australian judge ruled on Monday that a former government adviser, Bruce Lehrmann, raped a colleague, Brittany Higgins, in a Parliament House office. The decision came as Lehrmann’s defamation lawsuit against Network Ten, which broadcast an interview with Higgins in 2021, was dismissed. Justice Michael Lee of Australia’s Federal Court determined the rape occurred based on the “balance of probabilities,” a standard used in civil cases, rather than the “beyond all reasonable doubt” required in criminal proceedings. This case has captured national attention.
“My conclusion on rape. Mr Lehrmann raped Ms Higgins,” he told the court in comments that were livestreamed to tens of thousands of viewers.
“I hasten to stress this is a finding on the balance of probabilities.”
Lehrmann did not speak to reporters as he exited the courtroom and has consistently denied any wrongdoing. He was initially accused of raping Higgins in a ministerial office in Canberra in 2019. Although the Network Ten interview with Higgins did not explicitly name Lehrmann, the judge determined he was identifiable through additional information shared on the program. A criminal trial regarding the case fell apart in 2022 when it was discovered a juror had conducted independent research into the matter. Further, a planned retrial was called off after prosecutors expressed concerns about the severe impact it would have on Higgins’ mental health.
“Having escaped the lion’s den, Mr Lehrmann made the mistake of coming back for his hat,” Lee said in his judgement, referring to Lehrmann’s decision to file a defamation case.
Lee will rule who will pay legal costs of both sides, estimated to be in the millions of dollars, at a later date.
DEFAMATION LAWS
Lehrmann’s case has turned attention to defamation law in Australia, which has no written provision for freedom of speech in its constitution. Media organisations say defamation laws overwhelmingly favour the accuser.
“This judgement is a triumph for truth,” a spokesperson for Network Ten said in a statement.
“It is clear however that Australia‘s defamation laws remain highly restrictive.” The case has parallels to that of Ben Roberts-Smith, Australia‘s most decorated war veteran, who was found last year to have been “complicit in and responsible for the murder” of three Afghan men, after bringing his own defamation suit against three Australian newspapers. Roberts-Smith is appealing the ruling.
Higgins’ accusation had rocked the government of then-Prime Minister Scott Morrison, who struggled to assuage public anger ahead of a federal election, amid reports of sexual abuse, female discrimination and misconduct in parliament.Morrison lost power in 2022.
The case caught the attention of two major Australian media companies after Higgins, who chose to reveal her identity during the initial criminal trial, shared her story with Network Ten. During the defamation trial, the court heard shocking details about how producers at the rival TV network Seven spent a lot of money on drugs and sex workers to try to get an exclusive interview with Lehrmann.
With Inputs from Reuters
