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I pride myself on being a relatively informed individual. Whether my yearning for political knowledge has been instilled in me from my Politics degree or the need to keep up with my politically informed friends, I have always believed that staying updated with the global decisions that greatly impact our lives is vital.
However, while I do pride myself on knowing more or less what is going on in the world, there has been one topic that I have turned a complete and utter blind eye to in these past three years—the Brittany Higgins case. As a young woman, I was often asked for my opinion on this case—at the family dinner table, amongst my friends in the library, and in my law classes. While I have the ability to rant about any political topic, I found it difficult to articulate my thoughts on this particular issue.
The only sentence I could string together regarding this case was, “I don’t want to know.”
And, in all honesty, I didn’t. In the past three years, the Brittany Higgins case has lingered in the background as I have navigated significant milestones as a young woman. Throughout this period of growth, I have come to the sobering realisation that this case has shattered my confidence that my country’s political and legal system will protect me. While Justice Lee’s recent decision does give me a glimmer of hope, the recent protests demanding the protection of women in this country have illustrated to me that while the Brittany Higgins judgement is a step forward, we still have a mile to go.
I was 16 years old when Brittany Higgins courageously came forward with her allegations that she had been sexually assaulted by a colleague inside Parliament House on the 23rd of March 2019. I clearly remember sitting in my family TV room, trying to study for my Year 11 Legal Studies exam. Yet, I couldn’t stop staring at the headlines. For me, and many of my female friends, we dreamt of one day running for office. The notion that such a heinous act of violence could transpire in the safest place in the country was unfathomable to me. This incident crushed my faith in the very political system I once revered. And I wasn’t alone in this loss of hope; for the past three years, Brittany Higgins’ allegation has been the catalyst for an incessant flame of outrage from Australian women, compelling us to declare that “enough is enough.”
Australia needs to do a better job of protecting the women of this country.
It was only in 2022, while I was sitting my Year 12 Mock Exams, that Mr. Lehrmann was on trial for the rape of Brittany Higgins. In my innocent 17-year-old mind, I felt absolute relief—finally, Mr. Lehrmann’s day in court would be an opportunity for justice to be served. However, my misguided innocence was quickly tarnished. I came to realise that this trial would in fact become a global spectacle, revealing the horrific treatment sexual assault victims endure within the Australian legal system. Throughout the trial, Ms. Higgins was subject to intense cross-examination, while her alleged rapist was not questioned at all. Mr. Lehrmann’s defence lawyers were determined to undermine her truth, claiming that she didn’t remember what happened, that she was making up accusations, that she was overstating the extent to which the government of the day covered up the incident. These contradictions eroded public trust in her account. I recall hearing one of my male friends remark, “She’s lying… her story doesn’t add up.” Unfortunately, this misguided sentiment that a victim’s recount must be flawless was echoed by the media, who portrayed Higgins as a “money-hungry” opportunist, draining taxpayer funds. Amidst this turmoil, the Australian public failed to recognise that this is not a soap opera. Brittany Higgins is a real person grappling with the aftermath of a traumatic incident, a reality often blurred by human instinct to suppress such memories. The criminal trial ended in a mistrial after a juror brought research on sexual assault cases into the jury room. Prosecutors decided against a retrial because of concerns about Ms. Higgins’ mental health, illustrating the profound emotional toll she endured merely for standing up for her truth, not just in the courtroom but across the nation.
While it is easy to convince myself that Brittany Higgins’ story was so far removed from my own life, as I have entered my young adulthood, I have been astounded by how Brittany Higgins’ story mirrors the voices of many other young women I know. As a friend, hearing these stories was profoundly heartbreaking, and my first instinct was to rectify the situation. Naively, I put my trust in the legal system to provide recourse. As a law student, I yearned to believe that this system would protect myself and my friends. However, the Brittany Higgins case exemplified how the Australian legal system instead silences the voices of women across this country, serving as an alarming precedent for survivors considering legal action. If even someone like Brittany Higgins, who is educated and politically connected, struggles for justice, what hope is there for us—19-year-old girls who are learning to navigate the unpredictable terrain of the real world?
Yet, sometimes, there are times when the system proves that you can have some glimmer of hope. As I made my way to uni a few weeks ago, a notification flashed on the NewsApp of my phone. “At last,” echoed in my mind. Finally, the justice system has demonstrated its ability to protect women. Although the 2022 criminal trial failed, Lehrmann’s defamation case against Network Ten and journalist Lisa Wilkinson, who first reported on Brittany Higgins’ allegations, failed in the Federal Court last week. It required 324 pages, 130,000 words, and more than two and a half hours for Justice Lee to meticulously dissect the complexities of what transpired in the early hours of the 23rd of March 2019 and conclude that Mr. Lehrmann was “hell-bent on having sex” with Ms. Higgins. Although this is a narrative I’ve encountered numerous times before, it felt different this time. Finally, there was acknowledgement. Finally, there was recognition. Finally, justice prevailed.
After the court proceedings, Wilkinson expressed, “I feel glad for the women of Australia today.” I agree wholeheartedly. While this marks only a small step, it signifies a semblance of justice being held for the women of Australia. But it is imperative that we acknowledge the person who displayed remarkable courage throughout this process—Brittany Higgins. By advocating for herself, she was also advocating for the 2.2 million women who have been silenced by a system that is seemingly structured to shield men. Her fortitude serves as an inspiration to us all. And while justice may have been attained through a circuitous route, it’s imperative to acknowledge the arduous journey it took to reach this point. And how we still have a long way to go.
