Landmark Defamation Case Ends in Accused Rapist's Defeat
ICARO Media Group
In a highly anticipated ruling, an accused rapist who had filed a defamation lawsuit against one of Australia's largest television networks has lost his case. The judge's decision brought an end to a complex legal battle that has captured the attention of the Australian public since 2021.
The case began when former political staffer, Brittany Higgins, accused her colleague Bruce Lehrmann of raping her inside Parliament House after a night of drinking in 2019. These allegations surfaced during an exclusive television interview with Network Ten's "The Project" program, which also raised questions about the response of ministers and political staffers following the alleged assault.
After the interview aired, Lehrmann was charged with sexual intercourse without consent. However, the trial was abandoned in 2022 due to juror misconduct and concerns about Higgins' mental health. Unable to clear his name through a trial, Lehrmann resorted to defamation action, alleging that Network Ten and presenter Lisa Wilkinson had damaged his reputation by providing enough information for him to be identified, although he was not explicitly named.
Network Ten and Wilkinson decided to defend themselves by mounting a truth defense. This required them to prove, on the balance of probabilities, that the rape had indeed occurred. In a lengthy ruling delivered by Justice Michael Lee, it was concluded that "Mr Lehrmann raped Miss Higgins."
Lee examined extensive evidence, including notes, texts, social media messages, emails, audio recordings, and closed-circuit television footage from the night in question. He found this evidence to be a more reliable guide than the testimony of both Lehrmann and Higgins, whom he deemed to be unsatisfactory witnesses.
The footage from a bar in Canberra showed Lehrmann and Higgins among a group of colleagues, engaging in animated conversations and sharing rounds of drinks. Contradicting Lehrmann's denial of buying drinks, the video clearly showed him paying for a round. Lee also noted that Higgins had consumed 11 drinks and was visibly stumbling.
The judge accepted the testimony of a colleague who witnessed Lehrmann and Higgins passionately kissing at the bar, despite both parties denying it. Lee dismissed Lehrmann's explanation that he had gone back to Parliament House to retrieve his house keys and take notes on a French submarine deal, stating that "common sense suggests" that his intentions were not related to any business matters.
Lee did not hold Parliament House security guards responsible for allowing them entry, as it would have been challenging to judge Higgins' level of intoxication. However, he questioned Lehrmann's actions in leaving alone to call for an Uber after approximately 40 minutes, emphasizing that it would have been expected of him to ensure Higgins' safety after a night of drinking.
Higgins was later found with her dress hitched up when checked on by a security guard. She left Parliament House alone after a couple of hours without immediately filing a case with the police.
The judge's ruling delivered a significant blow to Lehrmann's attempt to clear his name, leading to disappointment for his legal team. Networks Ten described the judgment as a "triumph for truth" and expressed their support for Brittany Higgins, highlighting her bravery in speaking out.
As the ruling concludes the defamation case, it highlights the complexities surrounding allegations of sexual assault and the challenges in seeking justice for victims. The case has fueled further discussions about how these matters are handled within political institutions and the broader society.
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