Brittany Higgins has spoken for the first time since the planned re-trial of Bruce Lehrmann was abandoned, stating she was prepared to testify as a witness in “any potential civil cases brought by Mr Lehrmann”.
Lehrmann has consistently denied any allegation that he raped Higgins at Parliament House in early 2019.
He pleaded not guilty to one count of sexual intercourse without consent. The trial collapsed in October after juror misconduct was discovered after more than five full days of deliberations.
Any potential re-trial was abandoned on Friday, with prosecutors citing the risk to Higgins’ mental health. The decision means that Lehrmann retains the presumption of innocence.
Lehrmann is now widely reported to be considering defamation action against a range of outlets, including the ABC, the Australian, and Channel 10’s The Project.
Guardian Australia revealed on Tuesday he had been in talks with defamation specialists and was contemplating suing the ABC for live broadcasting an address made by Higgins outside court after the trial was aborted. He has since engaged top defamation lawyer Mark O’Brien, though no concerns notices have been issued.
Higgins tweeted on Wednesday that “following recent developments, I feel the need to make it clear” that she would be willing to appear “as a witness in any potential civil cases brought about by Mr Lehrmann”.
Higgins remains in hospital. Lehrmann’s team was approached for comment.
In announcing the decision not to pursue a re-trial, the ACT director of public prosecutions, Shane Drumgold, said it posed an unacceptable risk to the life of Higgins. His office has received evidence from two medical experts making that risk clear.
“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,” he said last week.
Drumgold made it clear the risk to her was not just posed by her entering the witness box for a second time, but by the continuation of the prosecution in general.
He said: “During the investigation and trial, as a sexual assault complainant, Ms Higgins has faced a level of personal attack that I have not seen in over 20 years of doing this work. She’s done so with bravery, grace and dignity, and it is my hope that this will now stop.”
• In Australia, support is available at Beyond Blue on 1300 22 4636 and Lifeline on 13 11 14. In the UK, the charity Mind is available on 0300 123 3393 and ChildLine on 0800 1111. In the US, Mental Health America is available on 800-273-8255
