Disgraced former political staffer Bruce Lehrmann is set to discover whether his appeal against a court ruling will impact the serious allegations of rape made by his former colleague, Brittany Higgins. The Federal Court of Australia is expected to deliver its decision on August 30, 2024, following a two-day hearing in which Lehrmann contested findings made by Justice Michael Lee earlier this year.
In April 2024, Justice Lee concluded that Higgins’ claims, asserting that Lehrmann raped her inside Parliament House in March 2020, were established on the balance of probabilities. He remarked, “Having escaped the lions’ den, Mr Lehrmann made the mistake of going back for his hat,” highlighting the gravity of the situation. Lehrmann’s defamation case against Network Ten and journalist Lisa Wilkinson stemmed from an interview in which Higgins discussed the alleged assault.
During the appeal, Lehrmann’s legal team argued that Justice Lee had made errors in his findings. His lawyer, Zali Burrows, claimed that the primary judge’s conclusions regarding the nature of the alleged rape were not adequately presented during the trial. This included the assertion that Justice Lee characterized the incident as a “non-violent” rape, which was not a point raised by the prosecution.
The barrister for Network Ten, Matt Collins KC, countered that the ruling described a violent act, arguing that Lehrmann had been questioned on the fundamental facts, including that sexual intercourse occurred, consent was not given, and that he acted recklessly regarding Higgins’ consent. Collins emphasized, “The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it.”
Both legal teams contested the definition of rape applied by Justice Lee during the trial. Burrows maintained that it was inconsistent with a common understanding of the term, while Collins and his team urged the judges to uphold the view that Lehrmann was not only reckless but fully aware that Higgins was not consenting.
Lehrmann’s lawyers have also suggested that if he were to win his appeal, he could be entitled to damages exceeding $20,000. They claim the allegations have severely damaged his reputation, labeling him a “national joke.” Collins dismissed this notion, arguing that Lehrmann’s actions, including the circumstance that Higgins was intoxicated and left in a state of undress, indicate a lack of moral integrity that would not warrant compensation.
Lehrmann has consistently denied the allegations against him. A criminal case initiated in 2022 was eventually abandoned without any findings made against him, adding another layer to this complex legal situation.
As the court prepares to announce its decision, the implications of this case continue to resonate widely, reflecting broader societal discussions around consent, accountability, and the handling of sexual assault allegations in Australia.
For those affected by sexual assault, support is available through the National Sexual Abuse and Redress Support Service at 1800 737 732 or 1800 211 028.
