UPDATE: In a significant legal blow, former Liberal staffer Bruce Lehrmann has lost his appeal in a defamation case against Network 10 and journalist Lisa Wilkinson, with the Full Court of the Federal Court confirming he knew Brittany Higgins did not consent to sexual intercourse. This decision comes just days after the court dismissed all four grounds of his appeal, marking a pivotal moment in a case that has gripped Australia.
The court’s ruling, delivered on October 25, 2023, upholds the findings of Justice Michael Lee, who previously concluded that Lehrmann raped Higgins in Parliament House on March 23, 2019. The judges stated that the circumstances surrounding the incident should have “screamed loudly” to Lehrmann that Higgins was not consenting, highlighting her state of intoxication at the time.
Lehrmann, who has been labeled “Australia’s most hated man,” was absent from the court as the judges decisively rejected his claims. In their ruling, Justices Michael Wigney, Craig Colvin, and Wendy Abraham noted that Lehrmann’s account was filled with inconsistencies, referring to it as “elaborate fancy.” Justice Lee had previously described him as a “poor witness” and a “cad” for his actions that night.
During the trial, it was revealed that Lehrmann had encouraged Higgins to drink at the 80s-themed bar 88MPH and had even kissed her passionately. Despite this, the court found that he must have been aware of her incapacity due to her inebriation. The judges specifically remarked that Lehrmann knew Higgins had been drinking heavily and had fallen over, further diminishing her ability to consent.
In their judgment, the court stated, “the only reasonable inference from the facts is that at some point before sexual intercourse commenced, Mr Lehrmann turned his mind to whether Ms Higgins consented to sex and was aware that she was not consenting, but proceeded nonetheless.” This stark conclusion reinforces the gravity of the allegations against him.
Lehrmann’s legal troubles do not end here. Following this latest ruling, he has been ordered to pay the legal costs incurred by Wilkinson and Network 10, which are expected to reach several hundred thousand dollars. Previously, he was ordered to pay $2 million to the network and Wilkinson after losing the initial defamation trial.
Despite the overwhelming evidence against him, Lehrmann continues to maintain his innocence, asserting he had no sexual contact with Higgins. He has indicated plans to appeal the decision to the High Court, prolonging the legal battle that has captivated public attention since it first emerged.
As this case continues to evolve, the implications for both Lehrmann and the broader conversation surrounding consent and sexual assault in Australia remain significant. With the court’s findings now solidified, many are left wondering what the future holds for Lehrmann and the ongoing discourse on these critical issues.
Stay tuned for further updates as this story develops.
