KEY POINTS
- Prosecutors have dropped their case against Bruce Lehrmann.
- Advocates want the justice system changed to protect victims.
- Brittany Higgins' friend reveals Ms Higgins is in hospital.
This story contains allegations of sexual assault and may be distressing to some readers.
Advocates for sexual assault survivors are calling for sweeping changes to the way cases are conducted, after attempts to prosecute Brittany Higgins’ alleged rapist .
ACT prosecutors announced on Friday that charges against Bruce Lehrmann have been dropped amid concerns for Ms Higgins’ welfare, after an initial trial was aborted over juror misconduct.
Mr Lehrmann denied having sex with Ms Higgins and pleaded not guilty to the charge.
The case against Bruce Lehrmann was dropped on Friday. Source: AAP / Lukas Coch
Hayley Foster, chief executive of sexual assault survivor advocacy group Full Stop, said while the intense publicity surrounding the trial was distinct, Friday’s development was far from an “isolated case”.
Ms Foster said less than 2 per cent of rapes lead to a conviction, despite a 2016 Australian Bureau of Statistics survey finding one in six Australian women had experienced sexual violence.
She told SBS News that is driven by a legal process which survivors often viewed as more traumatising than the assault itself.
“Talking to [survivors] about their options, about whether they actually even report [it] to police, let alone go through to the stage of prosecution… We can't hand-on-heart recommend that to people right now,” she said.
“We can give them their options, but we also want them to make an informed decision. That means explaining what's in store for them.”
We can't hand-on-heart recommend [coming forward] to people right now.Hayley Foster, Full Stop chief executive
Had a second trial gone ahead, Ms Higgins would have been forced to undergo another cross examination, having already recounted the alleged rape over days before a packed courtroom.
The ACT government is moving to alter laws next year, which would allow a complainant's original testimony to be aired in any subsequent trials.
Ms Foster welcomed that as a good first step, but warned broader changes, including allowing evidence to be given behind closed doors, must follow.
“It is really frustrating to be calling for reform for decades, and it's [still] just a constant experience for victims having to go through this process,” she said.
“Governments should know better. They do know better because we’ve told them.”
'Virtually impossible'
Ms Foster said specialised sexual assault courts, or at least specialist judicial officers overseeing rape cases, would go some way to alleviating the imbalance between the accused and complainant.
Preventing a defendant’s “problematic” past behaviour from being raised in court also dramatically reduces the prospect of conviction, she said.
And after a 2018 survey found nearly a third of Australians believe accusers regularly “led the man on”, Ms Foster said having rape cases decided by juries should be rethought.
“If we had those community attitudes, how is it that we’re ever going to get twelve people from the community to give a unanimous verdict of guilt?” she asked.
“It's a virtually impossible scenario.”
ACT Director of Prosecutions Shane Drumgold on Friday warned a second trial of Mr Lehrmann risked “significant and unacceptable harm” to Ms Higgins, who had faced a level of “personal attack” he had not witnessed during a two-decade career.
In a statement soon afterwards, the Global Institute for Women's Leadership said the case underlined a need for “ongoing law reform”.
“The personal price [Ms Higgins] has paid is astronomical. We cannot continue to expect individuals to pay such a price in the pursuit of justice, let alone systemic change,” it said.
Given the sensitivity surrounding the case, Foreign Minister Penny Wong was eager to keep her comments broad.
She insisted any calls to reform the legal system “are calls that should reform the whole of the legal system”.
“But I want to echo the prosecutor’s comments recognising the grace, the bravery, and the dignity that Ms Higgins has displayed,” she said.
Greens senator Larissa Waters pledged to renew the party's efforts to dismantle the "power imbalances and gender stereotypes" preventing survivors from coming forward.
"In light of the strength and resilience Brittany Higgins has shown and the change she has already driven to reform parliamentary culture, the Greens will push anew for this and other procedural protections to be rolled out nationally as a matter of urgency," she said.
"At this time, it is important to remember the toll that any sort of criminal proceedings take and the broader impact of intense coverage in deterring people from coming forward."
A gathering of state and federal attorneys-general to strengthen criminal justice responses to sexual assault over the next five years.
The plan centred on all states and territories agreeing to strengthen their legal process to produce “improved justice outcomes”, and create better support networks for victims coming forward.
“We know how broken the system is. We need to get on and fix it ... That work can't wait another day. We need to get on it and get cracking,” Ms Foster said.
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 . In an emergency, call 000.
