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Brittany Higgins became a lightning rod for those angered by the scourge of sexual assault allegations in Australia when she first shared the allegation that she had been raped.
But her claim, made during high-profile interviews, also divided public opinion, and within hours she went from relative obscurity to the talk of dinner tables and barbecues across the country.
Yesterday, the ACT’s Director of Public Prosecutions suddenly announced the case against Bruce Lerman, the man accused of raping her, would be dropped, citing an “unacceptable risk to the complainant’s life”.
Mr Lerman has steadfastly maintained his innocence and given that the sexual assault charge he faced has now been dropped, Ms Higgins’ allegations have not been proven in court.
So how did we end up here?
The interviews and the march
Early last year, in interviews with News Corp’s Samantha Maiden and The Project’s Lisa Wilkinson, Ms Higgins accused a then-unnamed colleague of raping her in a parliamentary suite in 2019.
At the time, the accusation was welcomed by those who joined Australia’s own Me Too movement – the original was started by American activist Tarana Burke, who was motivated to bring justice to survivors of sexual abuse.
But the politics surrounding Ms Higgins’ allegations reached a boiling point when a March4Justice rally drew thousands to the Parliament lawns in Canberra, protesting gender-based violence and calling on the government to respond to a 12-month report by the Australian Rights Commission of the man who researches the nature and prevalence of sexual harassment in Australian workplaces.
Ms Higgins repeated her claims at the march to a crowd gathered outside the very spot where she claimed the incident happened. She said she was motivated to make her allegation public to shed light on the alleged mistreatment of women in the corridors of power.
Then-Prime Minister Scott Morrison refused to address the crowd gathered outside, claiming it was his usual and long-standing practice not to go out to protests.
Although he later praised people’s ability to protest and told parliament it was a “triumph of democracy” that protesters were not “met with bullets” as they might have been in other countries.
Months later, Mr Morrison also thanked Ms Higgins for her role in bringing to light the problems faced by some staff at Parliament House during a formal apology to those who had experienced sexual harassment or harassment in the federal parliament.
The rampant process
In August 2021, former Liberal Party official Bruce Lerman was charged with one count of sexual assault in connection with the incident and pleaded not guilty to the offence.
Since the start of his trial, which began a year later in October 2022, public interest in the case has been strong.
The trial had the ring of political intrigue, surrounding an alleged crime in the chambers of Parliament and the calling of high-profile witnesses, including senators Michaelia Cash and Linda Reynolds.
Both politicians gave evidence in the case and were both questioned when they first learned of Ms Higgins’ allegations of sexual abuse.
In court, Senator Reynolds also faced intense questioning about a text message she sent to Mr Lerman’s legal team, asking for a transcript of Ms Higgins’ testimony and suggesting he review text messages between Ms Higgins and a former colleague.
She also admitted that her partner was involved in the process because she “wanted to know what was said”.
Senator Reynolds told the court that she did not realize that any of the actions were inappropriate, but she subsequently took legal advice and realized it was not the right thing to do.
Senator Reynolds told the court she did not ask her partner to tell her what was said in court after that advice.
It was a political firestorm that reached the courtroom, but that was not the only unusual feature of the trial.
Mrs. Higgins’ presence in the courtroom made all the difference.
While laws across Australia prohibit the naming of alleged victims of sexual abuse, Ms Higgins consented to being named.
She also chose to be cross-examined from the courtroom instead of testifying from a remote room.
Her daily appearances ensured that the trial continued to attract national interest and from the outset the courtroom was packed with local, national and international journalists.
The reporters were “practically hanging from the rafters”, ACT Chief Justice Lucy McCallum told the jury.
The actions of a juror
The chief justice warned the jurors to set aside anything they had already read or thought about the case.
“The evidence at trial is not what you read today or [what] you saw on TV,” she said.
She also told them “at least 17 times” that they should not try to find out more about the case beyond what they heard in court.
“You must not attempt to undertake your own research,” she warned them repeatedly.
“You must rely solely on the evidence you hear in this courtroom.”
Ultimately, however, one juror did not heed her warning and the trial was halted after a juror was caught with material outside the courtroom.
Chief Justice McCallum said the three academic research papers were discovered “during a routine cleaning of the jury room”.
A mistrial was declared and a retrial scheduled for next year.
Ms. Higgins’ allegations remain unproven, Mr. Lerman maintains his innocence and there are no indictments against him.
The impact of the charge
In a police interview broadcast to the court during his trial, Mr Lerman spoke of the ways in which the allegations had affected his life.
“Oh, I … I was ready to go,” he said on the police tape.
He later clarified that it was about his death.
“[I] I arranged it so mum would get my super,” he said.
Mr. Lerman said he learned from a journalist that he was the person Ms. Higgins had publicly accused without naming him.
“It’s been a very rough two weeks,” he told police.
He went on to talk about the allegations against him from a “PR point of view”.
“From a PR point of view, I thought… …I can’t get a job, nothing,” he told police.
At the time, Mr. Lerman said he was at his “wit’s end” dealing with the personal fallout from the accusation.
Mr. Lehrmann said he was fully aware of what the charge would mean for him.
“I know the politics that when something like this happens … you’re cut off from everybody … you’re done,” he said in the interview released in court.
The sudden end
On Friday morning, ACT Director of Public Prosecutions Shane Drumgold announced that a retrial originally scheduled for February 20, 2023 would not go ahead.
He said the sexual assault charge against Mr. Lehrmann would be dropped and the case dropped.
“I have recently received compelling evidence from two independent medical experts that the ongoing trauma associated with this prosecution poses a significant and unacceptable risk to the complainant’s life,” he said.
“The evidence clearly shows that this is not limited to the harm of giving evidence on the witness stand.
“While the pursuit of justice is essential to my office and to the community at large, the safety of a sexual assault complainant must be paramount.”
During her cross-examination in the witness stand, Ms. Higgins was unavailable for several days.
It can now be revealed that Mrs Higgins has been receiving treatment for her mental health.
On Friday, one of Ms Higgins’ close friends, Emma Webster, said Ms Higgins was back in hospital “receiving the treatment and support she needs”.
“The last few years have been difficult and brutal,” Ms Webster said in a statement.
“While it is disappointing that the trial has ended this way, Brittany’s health and safety must always come first.”
“Brittany is extremely grateful for all the support she has received, especially from our psychiatric specialists.”
In announcing the case was dropped, Mr Drumgold said at the inquest and trial that Ms Higgins had “faced a level of personal attack” that he had “not seen in over 20 years on the job”.
“I hope this will stop now and Ms Higgins will be allowed to heal,” he said.
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