This story contains allegations of sexual assault and may be distressing to some readers.
Former Liberal staffer Brittany Higgins told the man accused of raping her, Bruce Lehrmann: ‘’nothing is fine after what you did to me’’ during a court appearance on Friday.
Ms Higgins returned to the witness stand in the ACT Supreme Court in Canberra after being unavailable for four days.
Mr Lehrmann denies the allegation. He has pleaded not guilty to a charge of sexual intercourse without consent.
Ms Higgins has denied she fabricated her alleged rape because she feared she could be fired from her position in Senator Linda Reynolds' office.
The ACT Supreme Court in Canberra has previously heard Mr Lehrmann’s and Ms Higgins’ presence in Parliament House in the early hours of 23 March 2019 was considered a security breach by their boss Fiona Brown, who at the time was the Chief of Staff to Senator Linda Reynolds.
Under cross-examination on Friday, defence barrister Steven Whybrow asked Ms Higgins if she disclosed the alleged rape to her boss because she believed she was about to be fired.
“It was absolutely a concern… I let it [information about the alleged rape] out for the first time, up until then I was holding it in, pretending it was fine,” Ms Higgins responded.
Brittany Higgins addresses Bruce Lehrmann
“Nothing was fine after what you did to me,” she turned and said directly to the accused.
“I put it to you, you didn’t tell her [Ms Brown] anything in that meeting,” Mr Whybrow continued.
“I told her in that very first meeting … she was the first person I vocalised it to,” Ms Higgins responded.
The debate about when Ms Higgins disclosed the allegation to Ms Brown is central to the defence case.
Ms Brown has previously told the court she had two meetings with Ms Higgins in the week after the security breach - one on the Tuesday and one on the Thursday.
Ms Brown told the court Ms Higgins disclosed the alleged assault at the end of the second meeting, when she re-signed the Ministerial Statement of Staff Standards.
Ms Higgins has told the court she disclosed the alleged rape immediately, in the Tuesday meeting.
Former Liberal Party staffer Bruce Lehrmann arrives at the ACT Supreme Court in Canberra on Friday. Source: AAP / AAP
“Any disclosure about anything untoward happening, was on Thursday?” Mr Whybrow pressed on Friday.
“No, I don’t accept that,” Ms Higgins responded.
“You say on the Tuesday?” Mr Whybrow continued.
“Absolutely,” Ms Higgins replied.
In his cross-examination, Mr Whybrow continued down this line of questioning.
“You didn’t pursue a complaint with the police ... because what you had intended to achieve had been achieved. That is to keep your job?”
“No,” Ms Higgins replied.
“You did what you felt was necessary to get people to believe you had suffered a sexual assault?”
“I am not a monster…you are putting this to me that I completely fabricated this to keep my job, but I would never do that,” Ms Higgins refuted.
At the end of her cross-examination, the rape allegation was put in blunt terms to Ms Higgins.
“Mr Lehrmann did not sexually assault you?” Mr Whybrow asked.
“I obviously don’t agree. He raped me. He was in there, he was physically violating me. He was in my body, I know,” Ms Higgins responded, as she broke down in tears.
Former Liberal Party staffer Brittany Higgins arrives at the ACT Supreme Court in Canberra on Friday. Source: AAP / Lukas Coch
The debate about the doctors’ appointments
Earlier this week, the court heard from police officer Senior Constable Emma Frizzell, who investigated the rape allegation in 2021 when Ms Higgins reinstated the complaint.
She read to the court from her notes, testifying Ms Higgins had told her she had sought medical attention two weeks after the alleged assault.
Ms Higgins has told the court she did not see a doctor after the alleged rape, despite making several appointments, because she was so depressed and could not get out of bed.
The defence barrister put this to Ms Higgins on Friday, first asking if she remembered telling Senior Constable Frizzell she sought medical treatment, to which she replied: “I do not recall.”
“If you had said you had told her you had been two weeks after the incidents … that would be a lie?” Mr Whybrow continued.
“Yes, that’s correct,” Ms Higgins responded.
Ms Higgins was released from the witness stand on Friday. The trial will continue on Monday.
If this story has raised any issues for you, there is help available at Lifeline on 13 11 14.
If you or someone you know wants to talk about sexual assault or harassment, family or domestic violence, call 1800RESPECT on 1800 737 732 or visit www.1800RESPECT.org.au. In an emergency, call 000.
