Justice Lee has ruled Brittany Higgins did not consent to having sex with Bruce Lehrmann.
The judge found Ms Higgins was credible when she recounted coming to and becoming aware of Mr Lehrmann on top of her.
“I’ve reached a state of actual persuasion on the balance of probabilities that Ms Higgins was not fully aware of her surroundings when sexual intercourse commenced and did not consent to intercourse when she became aware Mr Lehrmann was on top of her,” Justice Lee said.
The judge said Mr Lehrmann was "indifferent" as to whether Ms Higgins was consenting.
He said he was satisfied it was more likely than not he was so intent on gratification that he was “hellbent on having sex” with her.
“I consider it more likely than not in those early hours, after a long night of conviviality and drinking and having successfully brought Ms Higgins back to a secluded place, Mr Lehrmann was hellbent on having sex with a woman he a) found sexually attractive, b) had been passionately kissing and touching, c) had encouraged to drink and d) knew had reduced inhibitions because she was very drunk," Justice Lee said.
“In his pursuit of gratification, he did not care one way or the other whether Ms Higgins understood or agreed to what was going on.
"Mr Lehrmann raped Ms Higgins."
However, the judge stressed this was a civil court and not a criminal court, and therefore the requirements for him to reach that conclusion were different.
