Judge rules Bruce Lehrmann raped Brittany Higgins, defeats defamation suit.
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Following evidence that the former Liberal staffer had sexually assaulted Brittany Higgins in a Parliament House office, a Federal Court judge threw out Bruce Lehrmann's multimillion-dollar defamation lawsuit against Network Ten and Lisa Wilkinson.
During a two and a half-hour live oral summary, Justice Michael Lee declared that the former Liberal employee had not been falsely accused by Wilkinson and Ten when The Project aired an interview with Brittany Higgins on Monday, February 15, 2021, during which she claimed to have been sexually assaulted in Parliament House.
He concluded that there was a reasonable chance Lehrmann had sexually assaulted Higgins in 2019 on the minister's couch in Parliament House.
In summary, I consider it more likely than not that in those early hours, after a long night of conviviality and drinking, and having successfully brought Ms Higgins back to a secluded place, Mr Lehrmann was hell-bent on having sex with a woman he: (a) found sexually attractive; (b) had been mutually passionately kissing and touching; (c) had encouraged to drink; and (d) knew had reduced inhibitions because she was very drunk. In his pursuit of gratification, he did not care one way or another whether Ms Higgins understood or agreed to what was going on.
As a result of the inconclusive criminal trial, Mr Lehrmann remains a man who has not been convicted of any offence, but he has now been found, by the civil standard of proof, to have engaged in a great wrong. It follows Ms Higgins has been proven to be a victim of sexual assault.
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Lehrmann entered a not guilty plea during his trial in the Australian Capital Territory Supreme Court, which was cancelled, and refuted the rape accusations. A retrial was not requested by the prosecution because of worries about Higgins's mental state.
In an interview with The Project, Higgins revealed to Wilkinson that early on Saturday, March 23, 2019, she was sexually assaulted on a couch in the former defence industry minister Linda Reynolds's office.
Although Lehrmann was not identified by the Project as the Liberal employee at the centre of the accusations, Lee discovered he could be recognised in the broadcast.
Following the cancellation of his criminal trial, Lehrmann filed a lawsuit in federal court against Network Ten in February 2023.
As per Lee's ruling, Ten and Wilkinson had demonstrated that the accusation that he had sexually assaulted Higgins was true on the balance of probabilities.
In response to the decision, Network Ten released a statement praising it as proof that Brittany Higgins was right.
At its core this case was first and foremost about truth and Justice Lee has found that Network 10 prevailed in proving that Brittany Higgins’ allegations of rape were true.
This judgment is a triumph for truth.
Justice Lee’s judgment is vindication for the courageous Brittany Higgins who gave a voice to women across the nation.
Network 10 is considering Justice Lee’s 324-page judgment. It is clear however that Australia’s defamation laws remain highly restrictive.
When put to the test, it was always our obligation to inform the public of these important social and political matters notwithstanding the challenges presented by these laws and today’s judgment vindicates the telling of Brittany’s story.
Network 10 remains firmly committed to honest, fair and independent journalism; to holding those in power to account; to giving people a voice who wouldn’t otherwise have one; and to always pursuing without fear or favour, journalism that is firmly in the public interest.
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