Prosecutor drops Bruce Lehrmann rape case

December 01, 2022 11:07 PM GMT | By AAPNEWS
Image source: AAPNEWS

Prosecutors are no longer pursuing sexual assault charges against the man accused of raping ex-Liberal staffer Brittany Higgins due to the impact on her mental health. 

Bruce Lehrmann was charged with sexual intercourse without consent and was on bail awaiting a new trial in the ACT Supreme Court after juror misconduct derailed the first.

Ms Higgins alleged Lehrmann raped her in March 2019 inside the office of former Liberal defence industry minister Linda Reynolds, when they both worked there as staffers.

ACT Director of Public Prosecutions Shane Drumgold made the announcement he would not proceed on Friday morning, due to evidence detailing the effects of another trial on Ms Higgins' mental health.

"I have recently received compelling evidence from two independent medical experts that the ongoing trauma associated with this prosecution presents a significant and unacceptable risk to the life of the complainant," he said.

He said he still held the view that there was a reasonable chance of conviction, but the prosecution would not be pursued.

"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," he said. 

"I have made the difficult decision that it is no longer in the public interest to pursue a prosecution at the risk of the complainant's life."

Mr Drumgold had previously indicated he would proceed with a retrial in February. 

He noted Ms Higgins had faced "a level of personal attack" that he had not seen in more than 20 years in the legal profession.

"She has done so with bravery, grace and dignity and it is my hope that this will now stop and Ms Higgins will be allowed to heal," he said.

A spokeswoman for Ms Higgins confirmed she was in hospital receiving treatment and support.

Emma Webster, a close friend of Ms Higgins, said the past few years had been "difficult and unrelenting".

"While it's disappointing the trial has ended this way, Brittany's health and safety must always come first," Ms Webster said.

The Global Institute of Women's Leadership, of which Ms Higgins is a member, said the case underscored the toll of sexual assault prosecutions on complainants and called for reform. 

"There is a clear need for ongoing law reform and practical changes in both the criminal justice system and the laws, processes and institutions that prohibit workplace harassment and ensure safe, respectful workplaces," their statement said.

"The personal price she has paid has been astronomical. We cannot continue to expect individuals to pay such a price in the pursuit of justice, let alone systemic change."


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