How Brittany Higgins’s allegations fuelled a movement and how Bruce Lehrmann’s rape trial came to an abrupt end

Brittany Higgins became a lightning rod for those angry about the scourge of sexual assault allegations in Australia when she first shared the allegation that she had been raped.

But her allegation, made during high-profile interviews, also divided public opinion and, within hours, she went from relative obscurity to being discussed at dinner tables and barbecues across the country.

Yesterday, the ACT’s Director of Public Prosecutions abruptly announced that the case against Bruce Lehrmann, the man who had been accused of raping her, would be abandoned, citing an “unacceptable risk to the life of the complainant”. 

Mr Lehrmann strenuously maintains his innocence and, given that the charge of sexual assault he was facing has now been dropped, Ms Higgins’s 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 allegation was taken up with gusto by those aligned with Australia’s own ‘Me Too’ movement — the original having been started by US activist Tarana Burke, who was motivated to bring justice for sexual assault survivors.

But the politics surrounding Ms Higgins’s allegation reached boiling point when a March4Justice rally drew thousands to the lawns of Parliament House in Canberra, protesting gendered violence and calling for the government to respond to a 12-month-old report by the Australian Human Rights Commission, which examined the nature and prevalence of sexual harassment in Australian workplaces.

Ms Higgins repeated her allegations at the march, to the crowd gathered outside the very place where she claimed the incident had occurred. She said she was motivated to make her allegation public to shed light on the alleged mistreatment of women in the corridors of power.

Brittany Higgins spoke at the March 4 Justice rally in March last year.(AAP: Lukas Coch)

Then-prime minister Scott Morrison declined to address the crowd rallying outside, claiming it was his common and long-standing practice not to go out to protests.

Though he later praised the ability of people to be able to protest and told parliament that it was a “triumph of democracy” that the protesters had not been “met with bullets”, as they may have been in other countries. 

Months later, Mr Morrison also thanked Ms Higgins for her role in bringing to light the issues facing some employees at Parliament House, during a formal apology to those who had experienced sexual harassment or bullying in federal parliament.

The high-profile trial

In August 2021, former Liberal party staffer Bruce Lehrmann was charged with one count of sexual assault in relation to the incident and pleaded not guilty to the crime.

From the beginning of his trial, which began a year later in October 2022, the public interest in the case was intense.

The trial had the ring of political intrigue, surrounding an alleged offence within the halls of parliament and calling on high-profile witnesses, including senators Michaelia Cash and Linda Reynolds.

Both politicians gave evidence in the case and both were quizzed about when they first learned of Ms Higgins’s allegations of sexual assault.

In court, Senator Reynolds also faced intense questioning over a text message she had sent to Mr Lehrmann’s legal team, asking for a transcript of Ms Higgins’s evidence and suggesting he look at text messages between Ms Higgins and a former colleague.

She also admitted her partner had sat in on the trial because she had “wanted to know what had been said”.

Senator Reynolds told the court she had not understood either action was inappropriate but had subsequently received legal advice and had realised they were not the right thing to do.

Senator Reynolds told the court she had not asked her partner to tell her what was said in court following that advice.

Brittany Higgins and partner David Sharaz outside the ACT Supreme Court during Bruce Lehrmann’s trial.(AAP: Mick Tsikas)

It was a political storm that found its way into a courtroom, but that was not the only unusual feature of the trial.

The presence of Ms Higgins in the courtroom made everything different.

While laws across Australia make it illegal to name alleged victims of sexual assault, Ms Higgins gave consent to be named.

She also elected to be cross-examined from the courtroom, instead of giving evidence from a remote room.

Her daily appearances ensured the trial continued to capture national interest and, from the get-go, the courtroom was brimming with local, national and international journalists.

Reporters were “practically hanging from the rafters,” ACT Chief Justice Lucy McCallum told the jury.

Bruce Lehrmann arriving to the ACT Supreme Court. (ABC News: Donal Sheil) The actions of one juror

The Chief Justice warned the jury to put aside anything they had already read or thought about the case.

“The evidence in the trial is not what you read before today or [what] you saw on television,” she said.

She also told them “at least 17 times” that they must not try to find out more about the case, other than what they heard in court.

“You must not try to undertake your own research,” she repeatedly warned them.

“You must rely exclusively on the evidence you hear in this courtroom.”

However, ultimately, one juror did not heed her warning and the trial came to halt after a juror was caught with materials from outside the courtroom.

Chief Justice McCallum said the three academic research papers were discovered “during routine tidying of the jury room”.

A mistrial was declared and a retrial was scheduled for next year.

Ms Higgins’s allegations remain unproven, Mr Lehrmann maintains his innocence, and there have been no findings against him.

The impact of the accusation Former Liberal Party staffer Bruce Lehrmann has maintained his innocence. (AAP: Lukas Coch)

In a police interview played to the court during his trial, Mr Lehrmann spoke of the ways in which the allegations had affected his life.

‘”Oh, I … I was ready to go,” he said in the police tape.

He later clarified that he was talking about his death.

“[I] lined it up so mum would get my super,” he said.

Mr Lehrmann said he discovered from a journalist that he was the person Ms Higgins had accused publicly, without naming him.

“It was a very tough fortnight,” he told police.

He went on to talk about the allegation made against him from a “PR perspective”.

“Like from a PR perspective, I thought… …I can’t get a job, nothing,” he told police.

At the time, Mr Lehrmann said he was at his “wit’s end” dealing with the personal fallout of the allegation.

Mr Lehrmann said he was acutely aware of what the allegation would mean for him.

“I know politics that when something like this happens … you’re shut off from everyone … you’re done,” he said in the interview played to the court.

The abrupt end

On Friday morning, ACT Director of Public Prosecutions Shane Drumgold announced that a retrial, originally set for February 20, 2023, would not go ahead.

He said the sexual assault charge against Mr Lehrmann would be dropped and the case would be abandoned.

DPP Shane Drumgold made his announcement to a large media pack out the front of the ACT Supreme Court. (ABC News: Ian Cutmore)

“I’ve recently received compelling evidence from two independent medical experts that the ongoing trauma associated with this prosecution represents a significant and unacceptable risk to the life of the complainant,” he said.

“The evidence makes it clear that this is not limited to the harm of giving evidence in the witness box.

“While the pursuit of justice is essential for my office and for the community in general, the safety of a complainant in a sexual assault matter must be paramount.”

Space to play or pause, M to mute, left and right arrows to seek, up and down arrows for volume. ACT Director of Public Prosecutions Shane Drumgold explains his decision to drop the case against Bruce Lehrmann.

During her cross-examination in the witness box, Ms Higgins was unavailable for multiple days.

It is now able to be revealed that Ms Higgins was receiving treatment for her mental health.

On Friday, one of Ms Higgins’s close friends, Emma Webster, said Ms Higgins was again in hospital, “getting the treatment and support she needs”.

“The last couple of years have been difficult and unrelenting,” Ms Webster said in a statement.

“While it’s disappointing 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, particularly from our mental health care workers.”

In making the announcement to abandon the case, Mr Drumgold said during the investigation and trial, Ms Higgins had “faced a level of personal attack” that he had “not seen in over 20 years of doing this work”.

“It is my hope that this will now stop and Ms Higgins will be allowed to heal,” he said.