Bruce Lehrmann raped Brittany Higgins in Parliament House in 2019, Federal Court Justice Michael Lee has found.
While delivering the judgement in Lehrmann’s defamation case against Channel 10 and journalist Lisa Wilkinson, Lee found that sexual intercourse between the two occurred, that Higgins did not consent, and that Lehrmann did not care if Higgins had consented.
He said Lehrmann was “hellbent” in his pursuit of gratification of having sex with a woman he found sexually attractive.
“He did not care one way or the other whether Ms Higgins understood or agreed to what was going on,” Lee said.
“Mr Lehrmann raped Ms Higgins.”
Lee reminded the court that this finding is to the civil standard, on the balance of probability, and that his finding is not the criminal standard of being beyond reasonable doubt.
“In summary, I consider it more likely than not 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 hellbent on having sex with a woman he found sexually attractive, had been mutually passionately kissing and touching, had encouraged to drink, and knew had reduced inhibitions because she was very drunk,” Lee said.
“In his pursuit of gratification, he did not care one way or the other whether Ms Higgins understood or agreed to what was going on.
“Because of what I find to be Mr Lehrmann’s state of mind of non-advertent recklessness, the knowledge element has been made out.”
The findings mean Lehrmann’s defamation case against Channel 10 and Wilkinson has failed. He has always maintained his innocence, while a criminal trial was aborted in 2022 due to juror misconduct.
“Having escaped the lion’s den, Mr Lehmann made the mistake of coming back for his hat,” Lee said today.
Lee excoriated Lehrmann’s conduct. “Mr Lehrmann behaved disgracefully,” he said. “He defended the criminal charge on a false basis, lied to police, and then allowed that lie to go uncorrected before the jury. He instructed his unwitting and hence blameless senior counsel to cross-examine a complainant of sexual assault, in two legal proceedings, on a knowingly false promise.”
Outside court, Wilkinson said she “sincerely hopes this judgement gives strength to women around the country.”
Network 10 said this judgement was “a triumph for truth”, and “vindication for the courageous Brittany Higgins who gave a voice to women across the nation.”
“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 todays judgement vindicates the telling of Brittany’s story.”
Lee has ordered that parties file submissions on costs by April 22.
Lead photo: Getty.
Help is available.
- If you require immediate assistance, please call 000.
- If you’d like to speak to someone about sexual violence, please call the 1800 Respect hotline on 1800 737 732 or chat online.
- Under 25? You can reach Kids Helpline at 1800 55 1800 or chat online.
