Higgins to sue ex-ministers after rape charges dropped

Brittany Higgins is preparing to sue two cabinet ministers she worked for in parliament, after her rape charges against Bruce Lehrmann were dropped.

Brittany Higgins is preparing to sue two cabinet ministers she worked for in parliament, after her rape charges against Bruce Lehrmann were dropped.

Brittany Higgins is preparing to sue the two former Liberal cabinet ministers she worked for in parliament, as she labels Australia’s justice system a “national shame”.

In her first comments since it was announced a retrial into her allegations of rape against ex-colleague Bruce Lehrmann would not go ahead because of the risk to Ms Higgins’ life, she hit out at her treatment during the investigation and court case, and said she would “literally not be here today” without the support of mental healthcare workers.

It came as former defence minister Linda Reynolds confirmed Ms Higgins was pursuing a civil case against her and “other parties”.

The Australian understands Liberal frontbencher Michaelia Cash, for whom Ms Higgins worked after Senator Reynolds, and the Commonwealth are listed as the other parties.

“I confirm that I was advised in March this year by Blumers, who act for Brittany Higgins, of a civil claim by Ms Higgins against me and other parties. However, proceedings are yet to be filed,” Senator Reynolds said.

“Blumers advised me on Friday that their client intends to progress the civil claim this month.”

The 27-year-old has been receiving treatment in hospital.

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Ms Higgins alleged she was raped in the office of Senator Reynolds, then defence industry minister, by Mr Lehrmann in the early hours of March 23, 2019.

Mr Lehrmann pleaded not guilty and denied any sexual intercourse took place.

An upset Brittany Higgins with her partner David Sharaz leaving the Magistrates Court in Canberra. Picture: NCA NewsWire / Gary Ramage

“I chose to speak up. To speak up against rape. To speak up against injustice. To speak up and share my experiences with others,” Ms Higgins said in the lengthy statement.

“When I did speak up, I never fully understood our asymmetrical criminal justice system. But I do now.

“I was required to tell the truth under oath over a week on the witness stand and was cross-examined at length. He was afforded the choice of staying silent in court … He never faced one question in court about his story and the criminal charges.”

Posted on Instagram on Sunday, the comments mirrored an emotional speech she made after her final public court appearance in late October.

Ms Higgins said it was “very obvious” who had been on trial and she didn’t blame the media for calling the case the “Higgins trial”.

“This is the reality of how complainants in sexual assault cases are treated. Their lives are torn apart, their families and friends called to the witness stand and the accused has the legal right to say absolutely nothing,” she said. “The criminal justice system has long failed to deliver outcomes to victims of sexual assault.

“In the ACT during 2020, only 16 per cent of sexual offences reported to police resulted in a charge. And of that 16 per cent, only half of that number again resulted in a conviction.

“That is to our national shame.”

Mr Lehrmann and his legal team declined to respond to Ms Higgins’ statement.

Mr Lehrmann’s trial was aborted in late October because of juror misconduct and a retrial had been scheduled for February 20. Before the jury was dismissed, jurors had told the court they were unable to reach a unanimous verdict.

A meeting of attorneys-general in August endorsed a five-year work plan to strengthen criminal justice responses to sexual assault cases, including better defining laws.