In a recent decision from the Australia Federal Court, Justice Michael Lee ruled that former government adviser Bruce Lehrmann raped a colleague in a Parliament House office. This ruling further dismissed a defamation lawsuit Lehrmann brought against Australian media company Network Ten after it aired an interview with his accuser, Brittany Higgins. Readers can access Justice Lee’s full judgement here.
Justice Lee justified his decision stating that under the civil standard of proof known as “balance of probabilities,” there was enough evidence to conclude that Lehrmann assaulted Higgins. It’s important to mention that this is a lower standard of proof than what is required to be found guilty in a criminal trial.
In 2021, Higgins recounted events alleging that after a night out in Canberra, she was sexually assaulted by a colleague in Parliament House. The media interview did not directly name Lehrmann as the abuser, but Lehrmann contended it contained enough information for him to be identified. Lehrmann denied any sexual activity had taken place and pleaded not guilty to one count of non-consensual sexual intercourse during his court plea.
A delay was experienced in the defamation trial due to the concurrent criminal proceedings. Lehrmann requested the court extend the time-frame to file a lawsuit, resulting in a prolonged journey to trial. The trial, which started in October 2022, was later halted due to inadmissible actions by jury members, with the prosecution withdrawing charges instead of requesting a retrial, as it could’ve posed an “unacceptable risk” to Higgins’ health.
The outcomes of this case caused major ripples in Australian politics. Scott Morrison, the Prime Minister at the time, issued an apology and made promises of an inquiry into the legislature. In 2023, Australian federal Attorney-General Mark Dreyfus announced plans to enhance sexual assault laws across Australia in the coming years, aiming to improve the protection available to victims of such heinous acts.