Appalling myth Lehrmann relied on to win

Cocky Bruce Lehrmann and his legal team relied on one outdated myth to win their case – and it saw them spectacularly fail.The long-awaited judgment in the defamation case brought by Bruce Lehrmann against Network 10 was delivered on Monday. Despite that Mr Lehrmann himself initiated this legal circus, his

These stereotypes have long been disproved, hence their status as myths. They are often mobilised to attack the credit of victim-survivors, and to label them as unreliable witnesses to their own rape.. Some fight back against an assault – sometimes at a risk to their life. Others freeze. Alcohol intoxication is a common circumstance in which sexual violence occurs. Rape is most likely to be perpetrated against a victim by someone known to them, such as a partner, friend or acquaintance.

He also found that Mr Lehrmann had weaponised Ms Higgins’ intoxication; that he “had encouraged her to drink” alcohol and “knew had reduced inhibitions because she was very drunk.” CCTV vision of Brittany Higgins and Bruce Lehrmann inside Parliament House in Canberra. Picture: NCA NewsWire handout A fundamental criticism of the criminal justice system’s response to sexual violence is the obsession with the actions of the victim, and the almost ignorance to the accused’s behaviour. Yet Justice Lee’s comments brought the actions of Mr Lehrmann into sharp focus.Justice Lee outlined some of what he called “untruths” in Ms Higgins’ evidence – in line with the legal reality that not everything that is not true is a lie.

He also concluded that Mr Lehrmann held no credit as a witness, and that “in important respects he told deliberate lies”. Justice Lee determined that Mr Lehrmann’s evidence could not be believed “except where it amounted to an admission”, aligned with “inherent probabilities” or was corroborated by another witness or documentary evidence. This again placed the focus on the actions of Mr Lehrmann, and his motive to lie, that is, to avoid being held accountable for rape.

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