Bruce Lehrmann Considers Appealing Rape Conviction, Hires Top Silk

Bruce Lehrmann, the former Liberal staffer found guilty of raping Brittany Higgins, is considering appealing the judgment handed down by Justice Michael Lee. Lehrmann has hired appeals specialist Guy Reynolds SC to lead the potential appeal.

The appeal is likely to focus on the "knowledge element" of recklessness in Justice Lee's ruling. This centers on whether Lehrmann knew Higgins was not consenting to sexual activity. In his judgment, Justice Lee found that Lehrmann's state of mind was one of "non-advertent recklessness," meaning he was indifferent to whether Higgins consented.

Lehrmann faces significant challenges in mounting an appeal, including securing financial backing for further litigation. His original barrister has stepped down and has not read the full judgment. Lehrmann is seeking assistance from funders to help cover the heavy costs of an appeal.

Why this matters: The Higgins-Lehrmann case has been a high-profile and politically charged trial that sparked a national conversation about sexual assault and the treatment of women in Australian politics. The outcome of Lehrmann's potential appeal could have far-reaching implications for how issues of consent and recklessness are determined in sexual assault cases.

The appeal plan is expected to be a key topic of discussion at the upcoming costs hearing scheduled for May 1, 2024. At this hearing, the Federal Court will also consider a costs order against Lehrmann sought by Channel Ten and Lisa Wilkinson in relation to their reporting on the case.

Key Takeaways

• Bruce Lehrmann, convicted of raping Brittany Higgins, is considering an appeal.
• The appeal may focus on the "knowledge element" of recklessness in the ruling.
• Lehrmann faces challenges in securing financial backing for the appeal.
• The outcome could impact how consent and recklessness are determined in sexual assault cases.
• A costs hearing on May 1, 2024, will consider a costs order against Lehrmann.