The judge clarified that his findings were based on a civil standard of proof, rather than a criminal one.
Justice Michael Lee has determined that former political staffer Bruce Lehrmann raped his colleague Brittany Higgins as part of his judgment in Mr. Lehrmann’s defamation case against Channel 10.
“The first thing to be said about Ms. Higgins’ account is it involves a grave allegation,” Justice Lee stated.
He noted that he found Ms. Higgins’ version of events more credible than Mr. Lehrmann’s, although there is a “subtle tension” in her differing descriptions of the alleged assault.
Justice Lee concluded that Bruce Lehrmann engaged in sexual activity with Brittany Higgins at Parliament House in March 2019.
“I’m convinced … that sexual intercourse did take place, with Mr. Lehrmann positioned on top of her on the couch in the minister’s office,” he declared.
He did not find sufficient evidence that Higgins explicitly said “no” or “stop” repeatedly, but he believed she was passive and unresponsive, eventually falling into a deep sleep.
Justice Lee affirmed that Ms. Higgins did not give consent to engage in sexual activity with Mr. Lehrmann, who was aware of her intoxicated state and witnessed her impaired condition.
“My conclusion regarding rape: Mr. Lehrmann raped Ms. Higgins,” he concluded.
Related Stories
However, the judge stressed that his conclusions were based on a civil law standard of proof, not a criminal one.
“I want to clarify that these findings are made on the balance of probabilities. They should not be misrepresented or misinterpreted.”
He explained that while he did not find conclusive evidence of an explicit verbal refusal from Ms. Higgins, the notion that active resistance was necessary to establish lack of consent was misguided.
“I am convinced that Mr. Lehrmann’s mindset was such that he was solely focused on his own gratification and disregarded the issue of consent,” Justice Lee remarked.
“In his pursuit of pleasure, he showed no concern for whether Ms. Higgins understood or agreed to the situation.”
