Brittany Higgins expresses relief after Bruce Lehrmann defamation case appeal fails

Former Liberal staffer Brittany Higgins says she feels like she can breathe again after Bruce Lehrmann’s failed defamation appeal on Wednesday.

In a statement posted to Instagram, Ms Higgins expressed relief after Lehrmann, 30, lost his appeal against a Federal Court defamation judgement which found he raped her on the balance of probabilities in 2019.

“Finally, it feels like I can breathe again,” she said to her followers.

“Thank you to the court for their consideration, the defence legal team for their tireless efforts and to Channel 10 for being such ardent supporters of survivors of sexual assault.

“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.

“Sadly, this isn’t uncommon, It’s a legal tactic that is being increasingly used around the world by perpetrators in a bid to sue victim-survivors into silence as a direct response to the #MeToo movement.

Ms Higgins said that “even after everything” she still believed in the importance about speaking out against gender-based violence.

“There is inherent value in showing the one in five Australians who have experienced sexual assau taren tust statistics. They are your friend, mother. daughter, sister and neighbour,” she said.

“So, let’s keep talking.”

Lehrmann was ordered to pay the costs incurred by Network 10 and journalist Lisa Wilkinson following the decision by the full bench of the Federal Court, handed down on Wednesday.

Justice Michael Lee in April 2024 found Ms Higgins’ claims that Lehrmann had raped her inside Parliament House in 2019 were established on the balance of probabilities.

Lehrmann appealed the finding during a two-day hearing in August, arguing the judge had erred in finding Ten and Ms Wilkinson had legally justified the imputation of rape.

But the appeal was dismissed by the Federal Court. Lehrmann did not appear in court on Wednesday.

“Further, the fact that the primary judge did not accept the case to the effect that Mr Lehrmann engaged in forceful sexual intercourse, did not mean that there was some procedural unfairness to Mr Lehrmann,” the appeal justices said.

“He had the opportunity to answer the case and give an account as to what occurred in the Minister’s office. He gave an account that there was no sexual intercourse. It was an account that the primary judge rejected as involving the telling of deliberate and material lies.

“There is no challenge to the devastating findings as to Mr Lehrmann’s lack of credibility.”

Following the decision, his lawyer Zali Burrows said she would be seeking advice on applying for special leave to contest the ruling in the High Court.

Lehrmann — who is on the verge of bankruptcy and may be forced to pay $2 in damages to Network 10 and Ms Wilkinson — has denied he sexually assaulted Ms Higgins.

With AAP