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This article contains references to rape.
Brittany Higgins feels as if she can “breathe again” after Bruce Lehrmann lost his high-profile appeal against a defamation decision that found he likely raped her.
The former Liberal staffer had sued Network Ten and journalist Lisa Wilkinson for defamation over an interview with Brittany Higgins on The Project in 2021 in which she claimed she had been raped.
Justice Michael Lee found in April 2024 that Lehrmann had, on the balance of probabilities, raped Higgins in Parliament House in 2019 after a night out.
The finding was upheld by the full court of the Federal Court on Wednesday.
Higgins took to social media to share her sense of relief following the recent decision.
“Finally, it feels like I can breathe again,” she posted on Instagram, thanking the court for its decision.
“While on the face of it this was a defamation case against a media outlet, in reality this was once again a rape trial.
“I cannot begin to tell you how retraumatising it is to have your rapist weaponise the legal system against you for daring to speak out.
“Unfortunately, this scenario is all too familiar,” she remarked. “It’s a legal strategy that perpetrators are employing more frequently worldwide, aiming to intimidate and silence victim-survivors in response to the #MeToo movement.”
Lehrmann has always denied the allegations, and a criminal case against him in 2022 was abandoned without any findings.
He did not appear in court on Wednesday and was represented by lawyer Zali Burrows, who said he was “overwhelmed” by the decision and was seeking advice on applying for special leave to contest the decision in the High Court.
Lehrmann was directed to pay $2 million in damages after his initial defamation loss, and he must now also foot the bill for the legal costs of his opponents during his unsuccessful appeal.
If you or someone you know is impacted by sexual assault, call 1800RESPECT on 1800 737 732, text 0458 737 732, or visit 1800RESPECT.org.au. In an emergency, call 000.