Key Points
- Australian Federal Police members have told the Federal Court of a "frustrating" process to obtain CCTV footage.
- The footage showed Brittany Higgins and Bruce Lehrmann entering Parliament House before Higgins was allegedly raped.
- The evidence was given as part of a defamation case launched by Lehrmann against Network Ten and Lisa Wilkinson.
This article contains references to allegations of rape and sexual assault.
Brittany Higgins was distressed because she felt she could not retain her parliamentary job if she reported her alleged sexual assault to police, a court has heard.
Catherine Cripps, a rape crisis counsellor, said she attended a "meet and greet" with Higgins and Australian Federal Police on 8 April 2019 about two weeks after the alleged rape occurred.
Giving evidence in a defamation trial on Friday, Cripps said Higgins showed distress both at the meet and greet and in subsequent counselling sessions during 2020.
"It wasn't so much reporting - she desperately did want to report it but she felt she wanted her job more," she told the Federal Court.
"There was a terrible conflict, a real tug of war."
The man she alleges assaulted her, Bruce Lehrmann, has denied Higgins' claims and is suing Network Ten and journalist Lisa Wilkinson claiming they defamed him through a February 2021 report on The Project.
Higgins says she was sexually assaulted by Lehrmann in the Parliament House office of their then-boss, Senator Linda Reynolds, in the early hours of 23 March 2019.
The junior media adviser had only been in the ACT for six months for what she described as her "dream job" and keeping the position was not congruent with reporting the alleged rape, Cripps told the court.
"She told me that she knew if she brought this to anyone's attention she would lose her job. She was clear about that."
Earlier on Friday, Detective Senior Constable Sarah Harman described "frustrating" difficulties in retrieving CCTV footage of Higgins and Lehrmann in Parliament House on the night of the alleged rape.
Police were told the footage could not be handed over after the election was called on April 11 and the government went into caretaker mode.
The video was eventually obtained and has been played during the court case.
Detective Sen Const Harman told the court that Higgins met with her at the same "meet and greet" session attended by Cripps.
She said in the car ride there, Higgins told the detective the white dress she was wearing on the night of the alleged rape had not been washed and was in a bag under her bed.
At the police station, Harman told Higgins she wanted to retrieve the dress in the near future as it was "perishable evidence" in the case.
She also asked Higgins to find the name of the second bar she visited before going to Parliament House as she could not remember where she had gone after leaving The Dock late at night on 22 March.
On 13 April, Higgins sent an email to the detective saying she no longer wished to pursue the complaint.
According to Harman, Higgins never handed over the dress or informed the AFP of the name of the second bar, which turned out to be '80s themed nightclub 88mph, the court was told.
On 20 October, the AFP received a media inquiry from the Canberra Times about the alleged rape including a claim it might be referred to in Senate estimates hearings.
Harman said when she rang Higgins to inform her the then-Liberal media adviser was "clearly crying" before abruptly hanging up the phone.
"She was hysterical at that point, very difficult to understand," she said.
Higgins met with Detective Senior Constable Sarah Harman on 8 April 2019 for a "meet and greet" session with the AFP at Belconnen police station before making a formal complaint. Source: AAP / Bianca De Marchi
Lehrmann was charged in August 2021 over the alleged rape, but his criminal trial in the ACT Supreme Court was derailed by juror misconduct.
Prosecutors did not seek a second trial, citing concerns for Higgins' mental health.
If this story has raised any issues for you, help is 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.
