The leaking of Brittany Higgins’ text messages is likely “not legal” and has resulted in “regrettable” coverage that may deter victims of sexual assault from coming forward, Anthony Albanese has warned.
The prime minister made the comments in a radio interview on Tuesday morning after more than a week of Coalition questions in parliament which used the texts to cross-examine whether Labor figures were aware of Higgins’ allegation of sexual assault before she aired it in the media in February 2021.
After the Australian newspaper published texts between former Liberal staffer Higgins and her partner David Sharaz, Network Ten confirmed it had asked the Australian federal police to investigate “a suspected contempt of court in relation to material produced under an AFP warrant and a subpoena issued in the ACT supreme court which appears to have been disclosed to the media”.
Albanese on Tuesday told KIIS FM Melbourne that he was “very concerned that if you are a woman wanting to come forward because of a sexual violence issue then you might be more reluctant if you look at the coverage that’s occurred”.
“Something like 13% of sexual assaults in Australia are reported to police,” he said. “And that is a terrible figure, a terrible figure.
“Some of the commentary and leaking of personal text messages and other stuff that’s gone on has been really regrettable – as well as not being legal, some of it.
“People need to be treated with respect. Every woman should feel safe at work. It’s as simple as that.”
Albanese said the sexual assault alleged to have occurred in March 2019 demonstrated “our workplace hasn’t been good enough in the past”.
Bruce Lehrmann was charged with the alleged sexual assault of Higgins but vehemently denied the allegations and has maintained his innocence.
An initial trial was aborted last year because of jury misconduct and prosecutors dropped the charges against Lehrmann amid concerns about the impact a second trial could have on Higgins’ mental health.
Last week the the attorney general, Mark Dreyfus, told the House of Representatives that he was “deeply concerned about the apparent unauthorised publication of material produced as a result of a subpoena in the criminal trial of Mr Bruce Lehrmann”.
“Material produced to a court in response to a subpoena is subject to an implied undertaking from the parties who receive it that it won’t be used for purposes other than for those court proceedings.
“It’s a rule known as the Harman rule or the Harman undertaking. To breach it may constitute a contempt of court.”
On Wednesday the Liberal leader, Peter Dutton, defended the opposition’s tactics, saying it was “absolutely reasonable” to question whether Labor “conspired to seek political advantage out of an alleged sexual assault”.
“I share the view in relation to the leaking of the information that’s been published in the papers,” he said. “The matter, as the attorney general pointed out yesterday, has been referred to the AFP for investigation.”
