Rape accused loses defamation case against TV network after judge finds story true

() – Bruce Lehrmann, a rape defendant who had attempted to clear his name by suing one of Australia’s major television networks for defamation, lost his trial after a judge concluded that on the balance of probabilities he committed the crime.

The verdict ends a complex court case that has captivated Australian public opinion since 2021, when former political collaborator Brittany Higgins accused her colleague Bruce Lehrmann of raping her inside Parliament House after a night of drinking in 2019.

“Mr Lehrman raped Miss Higgins,” Judge Michael Lee announced towards the end of a lengthy sentence watched by thousands of people live on YouTube from the Federal Court in Sydney on Monday.

Higgins alleged that she was raped by a colleague in an exclusive 2021 television interview with Network Ten’s “The Project,” which also raised questions about the official response from ministers and political staff following the alleged assault.

After the interview aired, Lehrmann was accused of having sexual relations without consent, but the trial was abandoned in 2022 due to juror misconduct and was not reactivated out of fear for Higgins’ mental health.

With no trial and no means to clear his name, Lehrmann resorted to defamation action, alleging that Network Ten and “The Project” presenter Lisa Wilkinson damaged his reputation by providing enough information on the show for him to be identified, although He was not named.

Network Ten and Wilkinson chose to fight the allegation, mounting a truth defense, meaning that to win, the network’s lawyers needed to prove that, on the balance of probabilities, the rape occurred.

Lee concluded Monday that the two had sex that night, but that Higgins was so drunk that it was impossible for her to give consent, and that Lehrmann did not try to obtain it.

“I am convinced that it is most likely that Mr. Lehrmann’s mental state was such that he was so focused on gratification that he was indifferent to Ms. Higgins’ consent,” Lee said.

The ruling deals a devastating blow to Lehrmann’s attempt to clear his name. As Lee said in his sentencing, “After escaping the lion’s den, Mr. Lehrmann made the mistake of going back for his hat.”

Lehrmann has repeatedly denied any wrongdoing and has contacted his lawyer for comment on the negative ruling.

To reach his ruling, Lee examined notes, texts, social media messages, emails, hours of audio, as well as CCTV footage from around the night in question.

He said they seemed to him a “much safer guide” to what happened that night than the testimony of Lehrmann or Higgins, whom he also considered an “unsatisfactory witness.”

Lee reviewed the night in question, referring to footage from a Canberra bar that showed the pair among a group of colleagues talking animatedly and sharing rounds. Lehrmann repeatedly denied purchasing drinks, but Lee said he rejected it, as the video clearly showed him pulling out a card and paying for a round.

After meticulously studying the video, Lee concluded that Higgins had consumed 11 drinks and that it appeared on camera that he had stumbled.

Lee said Lehrmann “knew he was drinking excessively.”

Lee also accepted evidence from a colleague who saw Lehrmann and Higgins share a passionate kiss in the bar, although both Lehrmann and Higgins had denied kissing.

Lee determined that the couple returned to Parliament House at Lehrmann’s suggestion to drink whiskey, rejecting Lehrmann’s claims that he had gone there to collect his house keys and take notes about a deal with a French submarine.

“Common sense suggests that it is obvious that there was one dominant thought in Mr Lehmann’s mind as he approached Parliament House and it had nothing to do with French submarine contracts,” Lee said.

Lee did not blame Parliament House security guards for letting them in — he said it would have been difficult to judge the extent of Higgins’ drunkenness — and raised the question of why Lehrmann took Uber home alone after about 40 minutes. .

“One would expect a well-mannered man, faced with the prospect of leaving a young woman late at night in company, who he knew had been drinking, to check to see if she had left and, if not, how she was getting home safely.” and save,” Lee said.

Higgins was found with her dress up when she was checked by a security guard, who said he looked at her and squirmed in the fetal position. Higgins left Parliament House alone after a couple of hours and did not immediately file a police complaint.

Videos posted by journalists online on Monday showed Lehrmann leaving the courtroom and refusing to answer multiple questions shouted at him by reporters.

In a statement, Network Ten described Monday’s ruling as “a triumph of truth.”

“Judge Lee’s sentence is a vindication of the brave Brittany Higgins, who gave a voice to women across the country,” the statement added.

Outside court, Network Ten journalist Wilkinson told reporters she sincerely hoped the sentence would “give strength to women across the country”.