Brittany Higgins has declared she finally feels she can "breathe again" after the Full Court of the Federal Court dismissed Bruce Lehrmann's appeal against a landmark defamation ruling. The decision marks a definitive legal endpoint in a case that has captivated and divided public opinion for years.
A Landmark Ruling Upheld
On Wednesday, a three-judge bench unanimously rejected Lehrmann's attempt to overturn Justice Michael Lee's April 2024 finding. Justice Lee had ruled that, on the balance of probabilities, Lehrmann raped Ms Higgins in a ministerial office at Parliament House in March 2019. The appeal judges found no error in Justice Lee's reasoning or his critical assessment of the witnesses' credibility.
The court also dismissed a cross-appeal from Network Ten, which had sought to argue additional grounds for defending the broadcast. The judges affirmed that the broadcaster and journalist Lisa Wilkinson had successfully established the defence of qualified privilege, meaning their reporting was in the public interest. However, the court noted that aspects of the broadcast, particularly the interview conducted by Wilkinson, were "unduly prejudicial" to Lehrmann.
Relief and a Path Forward for Higgins
In a powerful and emotional statement released after the judgment, Brittany Higgins expressed her profound relief. "Today, the Full Court has upheld the truth," she said. She described the immense personal toll of the prolonged legal battles, stating the process had been "all-consuming" and had cost her her health, career, and friendships.
"For the first time in a long time, I feel like I can breathe again," Ms Higgins stated. She emphasised that her motivation was never financial but about accountability, adding, "I told the truth. I was believed. And for me, that is everything." Her partner, David Sharaz, echoed her sentiments, calling the judgment a victory for truth and for all survivors of sexual assault.
The Legal and Public Aftermath
The dismissal of the appeal brings a finality to the civil defamation proceedings, which became a de facto trial of the rape allegation after criminal proceedings against Lehrmann were abandoned. The original judge, Justice Lee, had famously concluded that Lehrmann was "hell-bent" on having sex with Ms Higgins and showed no concern for her consent.
Bruce Lehrmann has consistently denied the allegation. His legal team had argued 11 grounds for appeal, challenging Justice Lee's fact-finding process and his treatment of evidence. The Full Court's comprehensive rejection of these arguments solidifies the findings against him.
This case has sparked intense national debate about:
- The treatment of women in politics and the workplace.
- The intersection of criminal justice and media defamation law.
- The immense personal cost of pursuing allegations of sexual assault through the legal system.
With the appeal concluded, the focus now shifts to the lasting impact of this case on public discourse, media law, and the ongoing conversation about consent and accountability in Australia.
