Defamation judge finds Lehrmann raped Higgins

Federal Court of Australia judge Michael Lee found Bruce Lehrmann did rape Brittany Higgins, handing down his judgment in the defamation case against Network 10 and journalist Lisa Wilkinson.

Mr Lehrmann launched legal action against Network 10 and Ms Wilkinson, alleging he had been defamed when the network’s interview with Ms Higgins was aired and through the journalist’s speech at the Logie Awards in 2022.

While not named, Mr Lehrmann claimed he was identified as the former Liberal party staffer who Ms Higgins alleged raped her in former Defence Minister Linda Reynolds' office in Canberra in 2019.

In their defence, Network 10 and Ms Wilkinson claimed there was substantial truth to the allegations.

Speaking in court, Justice Lee said Mr Lehrmann and Ms Higgins did have sex on the night of the incident in March 2019 and that Mr Lehrmann did not care to get Ms Higgins' consent.

However, Justice Lee has criticised the conduct and credibility of all parties involved in the proceedings, including the credibility of Mr Lehrmann and Ms Higgins.

"These are the difficulties to fact finding when the only two witnesses to the event did not present the whole truth," he said in court.

Justice Lee told the court that while the respondents’ defence of substantial truth was legally justified, it did not mean their conduct was.

“It did much collateral damage including to the fair and orderly progress of underlying progress of the underlying allegation of sexual assault in the criminal justice system,” he said.

In 2021, Ms Higgins alleged she was raped by Mr Lehrmann at the Canberra’s parliamentary office while they were both Liberal party staffers in March 2019.

She made her allegations public through a televised interview with Network 10's The Project segment, with Ms Wilkinson.

A criminal trial over the sexual assault allegations against Mr Lehrmann was pursued but was aborted because of juror misconduct.

Mr Lehrmann launched legal action against Network 10 and Ms Wilkinson in the Federal Court last year.

“Having escaped the lion’s den, Mr Lehrmann made the mistake of going back for his hat,” Justice Lee told the court.

"He has now been found in a civil standard of proof to have engaged in a great wrong. It follows Ms Higgins has been proven to be a victim of sexual assault."

In court, Justice Lee said his findings were made with a civil threshold, and not for a criminal action.

“In summary, I consider it more likely than not that in those early hours… and having successfully brought Ms Higgins back to a secluded place, Mr Lehrmann was hell-bent on having sex with a woman he found sexually attractive… and knew had reduced inhibitions because she was very drunk," he said.

"In his pursuit of gratification, he did not care one way or another whether Ms Higgins understood or agreed to what was going on.

"Mr Lehrmann raped Ms Higgins. 

"I hasten to stress; this is a finding on the balance of probabilities.

"As I have explained, there is a substantive difference between the criminal standard of proof and the civil standard of proof and, as the tribunal of fact, I have only to be reasonably satisfied that Mr Lehrmann has acted as I have found, and I am not obliged to reach that degree of certainty necessary to support conviction upon a criminal charge."

Justice Lee also found the Logies speech made by Ms Wilkinson was egregious, his judgment reads.

However, Justice Lee said it did not automatically mean Mr Lehrmann's damages would be augmented.

In his judgment, Justice Lee said if the damages were assessed in favour of Mr Lehrmann, the award would be very modest to total damages of $20,000.

The parties are ordered to file an outline on their submission on costs.

Despite the judgment today, related legal proceedings remained on foot.

Senator Reynolds sued Ms Higgins and her fiancee David Sharaz in the Supreme Court of Western Australia, alleging they published social media posts with imputations that were defamatory against the WA-based senator.

A six-week trial has been scheduled for July 24.