D-Day for Lehrmann after another return to lion’s den
Disgraced former political staffer Bruce Lehrmann is set to find out whether a second return to the lion’s den will overturn a court ruling that he possibly raped colleague Brittany Higgins.
The 30-year-old was injured by an own goal after suing Network Ten and journalist Lisa Wilkinson for defamation over an interview with Ms Higgins on The Project in 2021.
Judge Michael Lee found that Ms Higgins’ allegations that Lehrmann raped her in Parliament House two years ago were based on the balance of probabilities.
In his decision, which made headlines in April 2024, the judge joked: “Escaped from the lions’ den, Mr. Lehrmann made the mistake of returning to get his hat.”
Lehrmann challenged that finding at a two-day hearing in August, arguing that the judge had erred in finding that Ten and Ms Wilkinson had legally justified the rape charge.
After months of deliberations, the Full Court of the Federal Court will deliver its decision on Wednesday.
The appeal judges were told that the factual findings from the case against Judge Lee were different, including that he had committed a “non-violent” rape of Ms Higgins.
“The chief judge found that the rape occurred in a specific manner that was not presented to Mr. Lehrmann in evidence, and was puzzled as to the nature of the rape,” said Lehrmann’s attorney, Zali Burrows.
But Ten’s lawyer, Matt Collins KC, argued the verdict depicted a violent rape and described the suggestion that Lehrmann might have given different evidence as “staggering”.
The former political staffer had been grilled about the main facts of the case, as determined by Judge Lee: Sex took place, Ms. Higgins did not consent, and Lehrmann was reckless about her consent.
“The crux of the (defamatory) charge lies in the act of sexual intercourse without consent, not in any of the details of it,” Dr Collins told the appeal hearing.
Both sides took issue with Judge Lee’s definition of rape, with Ms. Burrows arguing that it was inconsistent with an ordinary person’s understanding.
Ten and Ms Wilkinson, however, called on the appeal judges to find that Lehrmann was not only reckless about Ms Higgins’ consent, as Judge Lee found, but also knew that she was not consenting.
They rejected Ms Burrows’ claims that Lehrmann would be entitled to more than $20,000 in damages if his appeal was successful because the claim became a “national joke” as a result.
Dr Collins argued Lehrmann raped Ms Higgins knowing she was seriously drunk, and when he realized he did not stop and left her naked.
“This is not a man with a reputation for sexual morality that warrants compensation,” he said.
Lehrmann denies sexually assaulting Ms Higgins and that the criminal case brought against him in 2022 was annulled without any findings against him.
1800 RESPECT (1800 737 732)
National Sexual Abuse and Resolution Support Service 1800 211 028
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