Bruce Lehrmann charges dropped and retrial abandoned

ACT Director of Public Prosecutions Shane Drumgold on Friday morning confirmed it would not pursue a second trial of Mr Lehrmann, due to an "unacceptable risk to the life of the complainant, with the charges dropped.

In a statement, EMILYs List Australia's CEO Pamela Anderson said the dropping of the case against Bruce Lehrmann represents a backward step for all women. It does not represent justice for Brittany or that she was untruthful. In the same way, it is not a victory or proof of Lehrmann’s innocence, instead, it shows that victim blaming, and character assassination are still the first line of defence against violence against women.

Anderson added a very dangerous precedent has been set today.

“If you can mentally withstand the attack, you may get justice.  It also acts as a deterrent for women to stay silent.  We have fought for so long to have a voice, and to be respected as women, who are entitled to be safe at work, at home and on the streets” Anderson said

Reports state that Brittany Higgins is receiving hospital treatment due to the mental health impact of this case and that the re-trial of this case presented a significant threat to her mental health.

She added “Surely this demonstrates that there is something seriously wrong with the justice system and it needs to be addressed.  Where is the safety for the brave women who step forward to face their attackers and who seek justice?”.

Anderson said, EMILY’s List Australia has fought for over 25 years to have more women represented in government, so policies needed to protect women and children become a priority. 

Meanwhile. KML Solicitors Managing Partner, Kelli Martin said, Today’s decision to discontinue proceedings in the retrial of Bruce Lehrmann for the alleged rape of Brittany Higgins highlights the urgent need for changes to the way evidence is presented in sexual assault and rape cases, and to the way cases are reported in the media.

Family and criminal law specialist and advocate for access to justice, Kelli Martin, said even fewer women were likely to report sexual assaults, given the public commentary surrounding this case.

“This is deeply concerning and completely unacceptable”, Ms Martin said. “We know that 75% of sexual assaults go unreported. An unintended and tragic consequence of high-profile cases such as this is the heightened concern among many women that they will not be believed or that the impact on them of pursuing a matter in court is just too high.

“I am concerned for the hundreds, if not thousands, of women who may make the decision not to proceed with complaints, or even report to police, as a result of today’s decision.” She said.

The usual practice in cases where a complainant has given evidence and been cross-examined in the courtroom is that they are required to testify in person again at the retrial.

“Ms Higgins has been brave and courageous,” Ms Martin said. “The media and public scrutiny she had to endure has been deeply concerning. “This case illustrates some of the worst aspects of how sexual assault and rape matters are dealt with in the court of public opinion. That is no place for matters such as these.

“We can only hope that the parties in this matter will be left alone to heal and recover and that further procedural reforms are enacted to end the victim shaming.” She added.

Mr Lehrmann denies allegations that he raped his former colleague in Linda Reynolds’ ministerial office at Parliament House after a night out drinking with work colleagues in March 2019.