Higgins' story sparks reform conversation

A prosecutor's decision to drop charges against the man accused of raping Brittany Higgins in a parliamentary office has sparked calls for changes to how the justice system supports complainants. 

The case has demonstrated the personal toll in seeking justice for alleged sexual assaults. 

Two medical reports provided to the ACT Director of Public Prosecutions Shane Drumgold showed a retrial, scheduled for next February, would present a "significant and unacceptable risk" to Ms Higgins' life. 

The high-profile nature of the investigation and first trial had taken its toll and a close friend of Ms Higgins confirmed she had been admitted to hospital and was seeking treatment.

Mr Drumgold said in light of the medical opinions he had made the "difficult decision" not to proceed with a retrial but he still held the view there was a reasonable prospect of conviction.

"It is no longer in the public interest to pursue a prosecution at the risk of the complainant's life," he said. 

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

The prosecutor said that in his more than 20-year career he had never seen the level of personal attack Ms Higgins had experienced as a sexual assault complainant. 

"It is my hope that this will now stop and Ms Higgins will be allowed to heal," Mr Drumgold said.

But advocates say without urgent changes to how sexual assault complainants are supported in court proceedings, many will never see justice.

Curtin Law School Associate Professor Hannah McGlade, who was involved in the 2021 March4Justice protests, told AAP the case highlighted how traumatic court proceedings could be for complainants. 

She said the current system failed all Australian women. 

"There is a rape culture in this country," she said.

"I hope this (case) does lead to more awareness but, more importantly, more appropriate responses and leadership from our governments."

Dr McGlade said responses to complainants needed to be specialised to ensure people were supported to take legal action. 

She called for reforms to be led by collaboration between experts, advocates, leaders and people with lived experiences.

The ACT government is considering law changes to stop sexual assault complainants having to give evidence for a second time, in the event of a retrial.

A spokesperson for ACT Attorney-General Shane Rattenbury said the changes would "ensure the consistent treatment of vulnerable witnesses who give evidence during criminal trials in the ACT".

Ms Higgins went public with her story in 2021, two years after she alleges she was raped by her then-colleague Bruce Lehrmann inside a ministerial office at Parliament House.

Mr Lehrmann denied the pair ever had sex and pleaded not guilty to the charge of sexual intercourse without consent.

During the first trial, which was derailed due to juror misconduct, Ms Higgins spent the most time of any witness giving evidence.

The toll of this requirement was shown days into her cross-examination when the court was told she would be unavailable for a period.

Mr Lehrmann exercised his right to silence. 

In a statement, the Global Institute for Women's Leadership - of which Ms Higgins is a member - said her courage and advocacy had been instrumental in driving change across the nation. 

But the personal price Ms Higgins had paid was "astronomical". 

"We cannot expect individuals to pay such a price in the pursuit of justice, let alone systemic change," the institute said. 

"There is a clear need for ongoing law reform and practical changes in the criminal justice system." 

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