Bruce Lehrmann, a former political aide, awaits a pivotal decision regarding his appeal in a defamation case tied to serious allegations. Lehrmann had previously taken legal action against Network Ten and journalist Lisa Wilkinson following an interview with Brittany Higgins on The Project in 2021, where she accused him of rape.

The initial court ruling, presided over by Justice Michael Lee, concluded that Higgins’ allegations against Lehrmann, claiming he raped her in Parliament House two years prior, were substantiated on the balance of probabilities. This outcome came as a significant setback for Lehrmann, who is now challenging the verdict.

During the appeal proceedings, the focus has been on the interpretation of what constitutes rape. Lehrmann’s legal team, led by Dr. Collins, argued that the defamatory claims centered around the act of non-consensual intercourse itself, rather than specific details of the incident.

Concerns were raised from both parties regarding Justice Lee’s understanding of rape, with Lehrmann’s representative, Ms. Burrows, asserting that it did not align with the general public’s perception. Meanwhile, Network Ten and Wilkinson’s defense urged the appeal judges to consider Lehrmann’s awareness of Higgins’ lack of consent, suggesting he was not only reckless but knowingly disregarded her lack of consent.

Both sides took issue with the definition of rape employed by Justice Lee, with Ms Burrows maintaining it was inconsistent with an ordinary person’s understanding.

For their part, Ten and Ms Wilkinson urged the appeal judges to find that Lehrmann was not only reckless as to Ms Higgins’ consent – as Justice Lee found – but knew she wasn’t consenting.

They rejected Ms Burrows’ claims that Lehrmann would be entitled to more than $20,000 in damages if his appeal is successful because he has become a “national joke” as a result of the allegation.

Lehrmann raped Ms Higgins when he knew she was seriously intoxicated, didn’t stop when she became aware and left her in a state of undress, Dr Collins argued.

“That is not a man with any reputation in respect of sexual morality that would warrant compensation,” he said.

Lehrmann denies he sexually assaulted Ms Higgins and a criminal case against him in 2022 was abandoned without any findings against him.

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