{"id":27407,"date":"2024-04-16T02:30:11","date_gmt":"2024-04-16T02:30:11","guid":{"rendered":"https:\/\/news.talkwithrattan.com\/index.php\/2024\/04\/16\/validation-for-woman-who-said-she-was-raped-in-australias-parliament\/"},"modified":"2024-04-16T02:30:11","modified_gmt":"2024-04-16T02:30:11","slug":"validation-for-woman-who-said-she-was-raped-in-australias-parliament","status":"publish","type":"post","link":"https:\/\/news.talkwithrattan.com\/index.php\/2024\/04\/16\/validation-for-woman-who-said-she-was-raped-in-australias-parliament\/","title":{"rendered":"Validation for Woman Who Said She Was Raped in Australia\u2019s Parliament"},"content":{"rendered":"<div style=\"text-align:center\"><img loading=\"lazy\" decoding=\"async\" width=\"1050\" height=\"549\" src=\"https:\/\/i3.wp.com\/static01.nyt.com\/images\/2024\/04\/15\/multimedia\/OZ-VERDICT1-mfjv\/OZ-VERDICT1-mfjv-facebookJumbo.jpg?fit=1050,549&amp;ssl=1\" class=\"attachment-post-thumbnail size-post-thumbnail wp-post-image\" alt=\"Validation for Woman Who Said She Was Raped in Australia\u2019s Parliament\" title=\"Validation for Woman Who Said She Was Raped in Australia\u2019s Parliament\" \/><\/div><p> <br \/>\n<\/p>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">When a young former government employee said on national television <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2021\/02\/15\/world\/australia\/raped-parliament-house.html\" title=\"\">in 2021<\/a> that she had been sexually assaulted in Australia\u2019s Parliament two years earlier, it shocked the nation and unleashed a wave of anger aimed at the country\u2019s insular, male-dominated political establishment.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The employee, Brittany Higgins, accused her colleague Bruce Lehrmann of raping her when she was inebriated, and said that she felt pressure from the government at the time not to report the assault. She became a figurehead for a <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2021\/04\/05\/world\/australia\/parliament-women-rape-metoo.html\" title=\"\">reckoning on women\u2019s rights<\/a> that ultimately contributed to the electoral ousting of Australia\u2019s conservative national government. But for years, there was no legal conclusion to the case.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">On Monday, it was finally \u2014 somewhat \u2014 settled, in a roundabout way.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Lehrmann lost a civil defamation suit that he had filed against the television station that first broadcast Ms. Higgins\u2019s account, with the judge ruling that based on the available evidence, it was more likely than not that Mr. Lehrmann had raped her.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">The proceedings did not take place in a criminal court, and the offense did not have to be proven beyond a reasonable doubt. Instead, the standard of proof was a balance of probabilities \u2014 a legal term meaning whether something is more likely than not to have occurred.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Still, for many, this was a long-awaited validation for Ms. Higgins.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cSomething resembling justice has been done,\u201d said Sarah Maddison, a political science professor at the University of Melbourne.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Justice Michael Lee of the Australian Federal Court in Sydney <a class=\"css-yywogo\" href=\"https:\/\/www.judgments.fedcourt.gov.au\/judgments\/Judgments\/fca\/single\/2024\/2024fca0369\" title=\"\" rel=\"noopener noreferrer\" target=\"_blank\">determined<\/a> on Monday that it was more likely than not that Ms. Higgins had been inebriated, unaware of her surroundings, and lying still \u201clike a log\u201d while Mr. Lehrmann assaulted her. The judge found that Mr. Lehrmann had been \u201chellbent\u201d on having sex with her, disregarding whether she had the capacity to consent.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cIn his pursuit of gratification, he did not care one way or another whether Ms. Higgins understood or agreed to what was going on,\u201d Justice Lee said in his ruling.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">The judge added that although he believed Ms. Higgins had overstated the extent to which the government had tried to cover up the incident, her account of the assault itself was believable. The judge also said that nothing Mr. Lehrmann had said should be accepted as fact without corroboration from other sources.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">Professor Maddison said the case illustrated the concerns that many women have about the way sexual assault allegations are dealt with by Australia\u2019s justice system, including the harsh scrutiny that accusers are often subjected to.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">In 2022, during a criminal trial about the case, Ms. Higgins sat through days of intense cross-examination by defense lawyers who suggested that she did not actually remember what had happened, and who accused her of making up the accusation. She denied that repeatedly, sometimes defiantly and sometimes in tears.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">That criminal trial <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2022\/10\/26\/world\/asia\/mistrial-bruce-lehrmann-brittany-higgins.html\" title=\"\">ended in a mistrial<\/a> after a juror went against the judge\u2019s instructions and brought research on sexual assault cases into the jury room. But prosecutors <a class=\"css-yywogo\" href=\"https:\/\/www.nytimes.com\/2022\/12\/01\/world\/australia\/brittany-higgins-parliament.html\" title=\"\">decided against<\/a> a retrial because of concerns about Ms. Higgins\u2019s mental health.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Lehrmann then sued Network Ten and Lisa Wilkinson, the journalist who was the first to interview Ms. Higgins on television, for defamation.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">\u201cHaving escaped the lions\u2019 den, Mr. Lehrmann made the mistake of going back for his hat,\u201d Justice Lee said.<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<div>\n<div class=\"css-53u6y8\">\n<p class=\"css-at9mc1 evys1bk0\">After Monday\u2019s verdict, Ms. Wilkinson told reporters: \u201cI feel glad for the women of Australia today.\u201d Mr. Lehrmann and Ms. Higgins did not immediately respond to requests for comment made through their lawyers.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Rachael Burgin, a senior lecturer in criminology at the University of Swinburne in Melbourne, said the outcome of the defamation trial, in a way, was still unsatisfactory.<\/p>\n<p class=\"css-at9mc1 evys1bk0\">Mr. Lehrmann suffered few consequences, she said, while Ms. Higgins \u201chad to go through a hell of a lot to get here, and she doesn\u2019t get a lot out of it in terms of justice.\u201d<\/p>\n<\/div>\n<aside class=\"css-ew4tgv\" aria-label=\"companion column\"\/><\/div>\n<p><br \/>\n<br \/><a href=\"https:\/\/www.nytimes.com\/2024\/04\/15\/world\/australia\/higgins-lehrmann-verdict-defamation.html\">Source link <\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>When a young former government employee said on national television in 2021 that she had been sexually assaulted in Australia\u2019s Parliament two years earlier, it shocked the nation and unleashed a wave of anger aimed at the country\u2019s insular, male-dominated political establishment. The employee, Brittany Higgins, accused her colleague Bruce Lehrmann of raping her when [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":27408,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":"","fifu_image_url":"https:\/\/static01.nyt.com\/images\/2024\/04\/15\/multimedia\/OZ-VERDICT1-mfjv\/OZ-VERDICT1-mfjv-facebookJumbo.jpg","fifu_image_alt":"","footnotes":""},"categories":[1],"tags":[15526,3321,13300,32123,2486],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/27407"}],"collection":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/comments?post=27407"}],"version-history":[{"count":1,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/27407\/revisions"}],"predecessor-version":[{"id":27409,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/posts\/27407\/revisions\/27409"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/media\/27408"}],"wp:attachment":[{"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/media?parent=27407"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/categories?post=27407"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/news.talkwithrattan.com\/index.php\/wp-json\/wp\/v2\/tags?post=27407"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}