Findings in Defamation Trial Shared by Judge in Brittany Higgins Rape Case
The judge clarified that his findings were based on a civil standard of proof, not a criminal one.
Justice Michael Lee has determined that former political staffer Bruce Lehrmann raped his colleague Brittany Higgins as part of his findings in Lehrmann’s defamation case against Channel 10. The judge is still in the process of delivering the judgment, with more details to follow.
“The first thing to note about Ms. Higgins’ account is that it involves a serious allegation,” Justice Lee stated. He found Ms. Higgins’ version of events more credible than Mr. Lehrmann’s, although there is a “subtle tension” in her varying descriptions of the alleged rape.
Justice Lee concluded that Bruce Lehrmann engaged in sexual activity with Brittany Higgins at Parliament House in March 2019.
“I am convinced that sexual intercourse did occur with Mr. Lehrmann on top of her on the couch in the minister’s office,” he confirmed.
While not certain that Higgins explicitly said “no” or “stop” multiple times, the judge believed she was passive and unresponsive, eventually falling into a deep sleep afterward. Justice Lee determined that Ms. Higgins did not consent to sexual activity with Mr. Lehrmann, who was aware of her intoxicated state and witnessed her stumbling and drinking.
“My verdict on the rape: Mr. Lehrmann raped Ms. Higgins,” the judge declared.
However, Justice Lee stressed that his conclusions were based on a civil law standard of proof, not a criminal one.
“I want to make it clear that these findings are made on the balance of probabilities. They should not be misunderstood or misrepresented,” he cautioned.
While acknowledging that there was no explicit verbal objection from Ms. Higgins, Justice Lee dismissed the notion that active resistance was necessary to establish lack of consent.
“I am convinced that Mr. Lehrmann’s mindset was so focused on his own satisfaction that he disregarded the importance of consent,” Justice Lee remarked.
“In his pursuit of gratification, he showed no regard for whether Ms. Higgins understood or agreed to the situation.”
More details to follow.