Bruce Lehrmann loses appeal against failed rape defamation case as lawyer hints at High Court challenge

Bruce Lehrmann has lost his defamation case appeal, failing to overturn a finding that he raped Brittany Higgins at Parliament House in 2019.

That civil finding came at the end of his unsuccessful defamation action against Network 10 and journalist Lisa Wilkinson, stemming from an explosive interview with Ms Higgins on The Project in 2021.

"Finally, it feels like I can breathe again," Ms Higgins said in a statement. 

"While on the face of it this was a defamation case against a media outlet, in reality it was once again a rape trial."

The former Liberal staffer, who maintains his innocence, attempted to overturn Justice Michael Lee's original judgment on four grounds, including that he was denied procedural fairness.

But today, the full court dismissed the appeal, ruling Justice Lee had not erred in any of the ways alleged by Mr Lehrmann.

"The only reasonable inference to be drawn by the facts known and observable to Mr Lehrmann at the time that he had sexual intercourse with Ms Higgins, is that he did turn his mind to whether Ms Higgins consented to sex, was aware that she was not consenting, but proceeded nonetheless," Justice Michael Wigney said in his summary of the judgment.

"The acceptance of that contention provides another basis for upholding the primary judge's finding that Mr Lehrmann raped Ms Higgins and that the truth defence pleaded by Network 10 and Ms Wilkinson had been made out."

Mr Lehrmann has been ordered to pay the costs incurred by Network 10 and Ms Wilkinson for running the appeal.

He already owes Network 10 $2 million in costs over the failed defamation case, though payment has been on hold during the appeal process.

Ms Higgins thanked the court and the defence legal team "for being such ardent supporters of survivors of sexual assault". 

"I cannot begin to tell you how re-traumatising it is to have your rapist weaponise the legal system against you for daring to speak out," she said. 

Appeal judges go further than original judge

The appeal judges — Justice Wigney, Justice Craig Colvin and Justice Wendy Abraham –went even further than the primary judge over the question of whether Mr Lehrmann had knowledge of Ms Higgins'slack of consent.

During the 2024 defamation trial, Justice Lee found Mr Lehrmann's conduct amounted to "non-advertent recklessness".

But the appeal judges accepted a contention from Network 10 and Ms Wilkinson that the primary judge ought to have found Mr Lehrmann had "actual knowledge" that Ms Higgins did not consent to sex.

"The circumstances then presented to Mr Lehrmann, as found by the primary judge, screamed loudly to anyone with normal faculties that the very drunk, passive and silent woman, prone to drowsiness and with significant impact on her cognitive abilities, who was his junior colleague at work and who was not in any kind of personal relationship with Mr Lehrmann, had not consented to sexual intercourse," the appeal judges said in their 36-page written judgment.

Mr Lehrmann faced a criminal rape trial in 2022 in the ACT Supreme Court, but it was abandoned due to juror misconduct, leaving no findings against him.

'We hope Bruce is seen as an inspiration'

Mr Lehrmann did not show up to the Federal Court in Sydney to watch the judgment being handed down.

Outside court, his solicitor Zali Burrows said her client was "really overwhelmed by the decision".

"I just want everyone to remember that at the heart of the matter we have a young man who was accused of rape in Parliament House," Ms Burrows said.

"Bruce's life has been destroyed.

Ms Burrows said Mr Lehrmann would seek advice about taking the matter to the High Court.

"It's not the end of it in respect of his pursuit for justice," she said.

When asked about Mr Lehrmann's ability to pay existing and future legal costs, Ms Burrows said she hoped there would be supporters wanting to help him.

Wilkinson 'delighted': barrister

Lisa Wilkinson's barrister Sue Chrysanthou said her client was relieved the case was "done and dusted before Christmas".

"She is utterly delighted by the outcome," Ms Chrysanthou told reporters outside court.

"She's particularly happy about the court's acceptance of her contentions in relation to the nature of the assault."

Ms Chrysanthou said Ms Wilkinson was looking forward to "moving on" and would not comment on Mr Lehrmann's capacity to pay legal costs.

In a statement, a Network 10 spokesperson also hailed the court's findings.

"The judgment remains a triumph for truth and reiterates that Network 10 prevailed in proving that Brittany Higgins's allegations of rape were true," the spokesperson said.

"It remains a vindication for the courageous Brittany Higgins who gave a voice to women across the nation."