Australia: Government Staffer Found Liable for Rape

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Facts

  • In a civil case on the balance of probabilities, rather than the criminal requirement of beyond a reasonable doubt, Australian Judge Michael Lee ruled that former government staffer Bruce Lehrmann raped colleague Brittany Higgins in a minister's office in 2019.1
  • Lehrmann was tried in criminal court, but his case was thrown out after a courtroom sheriff found one of the jurors with an academic paper on sexual assault — a violation of trial rules — and prosecutors declined to retry the case over concerns for Higgins' mental health.2
  • Lehrmann then filed a lawsuit against Network Ten and journalist Lisa Wilkinson, claiming they defamed him in an interview with Higgins, during which she accused him of rape.3
  • Judge Lee tossed out the defamation suit on Monday, ruling that 'Mr. Lehrmann raped Ms. Higgins.' However, the judge added, 'I hasten to stress this is a finding on the balance of probabilities.'4
  • Lee further stated that Lehrman, who had been out drinking that night with colleagues committed the sexual assault.5
  • Lee also criticized Network Ten, particularly surrounding reports that the then-ruling Liberal Party had sought to cover up the rape allegations. He called the allegation 'objectively short on facts, but long on speculation.'6

Sources: 1Al Jazeera, 2barrons.com, 3Guardian, 4NBC, 5Sky News and 6BBC News.

Narratives

  • Narrative A, as provided by 9. Lehrmann was lucky to narrowly escape his criminal proceedings, but he was so hellbent on publicizing his lies that he found himself back in the spotlight — and this time his true nature was revealed. Judge Lee rightfully exposed Lehrmann not only as a man attempting to hide his infidelity but one with no care for the well-being and dignity of women.
  • Narrative B, as provided by theaustralian.com. While the court has made its official decision on Lehrmann, this case should not bring joy to either side. The media was absolutely reckless in its reporting, particularly regarding the false accusations of a government cover-up. Sexual assault allegations must be litigated in government courts, not the court of public opinion, and Ten News violated that code of ethics.