https://www.theguardian.com-Jennifer Robinson
I cried for Brittany – we must ensure better protection for women when they speak out
Brittany Higgins outside the supreme court in Canberra in October 2022. Photograph: Mick Tsikas/AAP
Brittany Higgins faced endless victim-blaming attitudes from men in power and in the media. She faced torrents of online abuse, rape and death threats – and was hospitalised due to stress.
Yet she was steadfast in her attempt to obtain justice for her alleged rape.
It has been almost two years since Brittany Higgins first made her rape allegation and complained about her treatment by the police and by the Liberal party after reporting what she said had happened in Parliament House that night.
Her decision to speak out – along with other women before and after her – helped spark the March 4 Justice protests and prompted reforms that will better protect women. It was followed by the ACT Department of Public Prosecution’s decision to prosecute Bruce Lehrmann.
Lehrmann pleaded not guilty to one count of sexual intercourse without consent and maintains his innocence, denying any sexual activity occurred at all.
The decision to prosecute Lehrmann meant our contempt laws – designed to protect his important right to be presumed innocent – kicked in.
It meant Brittany had to remain silent. And the media was warned to be silent too. It also meant we redacted everything about her story from our book.
In October, Brittany endured a 12-day trial.
It was described as “the Higgins trial” by much of the Australian media – at least until people rightly pointed out that it was Lehrmann on trial, not Brittany. The description was wrong in principle but, as Brittany herself would later say, it accurately described her lived experience: it had felt to her like she was on trial, not him.
The media coverage of the trial and online discussions were filled with all the male-centric myths about sexual violence which so often silence women and deny them justice in our courts.
After the jury was discharged, meaning there would have to be a retrial, a clearly anguished Brittany walked out and gave an impassioned speech outside court, broadcast live. She spoke about her experience of the justice system and the indignity of the gruelling cross-examination she had faced while the accused was able to exercise his right to silence. She spoke of the odds being stacked against sexual assault complainants and sent her message out to them: “I believe you. You were with me every day I walked into that court and faced him.”
Her words and sentiments echoed those Keina Yoshida and I had heard from women around the world we had interviewed for our book – of the silencing, of the failure of the criminal justice system, of the re-traumatisation women face when they report their abuse, and the many reasons why women choose not to report.
As I sat listening to Brittany speak, a text message popped up on my phone. It was from a friend who had confided to me about being raped. She was also watching the news, and wrote me a simple, devastating message: “This is exactly why I never reported.”
These words hit me hard.
I cried. And I know I’m not the only woman in Australia who did.
We cried seeing Brittany’s anguish. And we cried for every woman who, like my friend, felt they couldn’t report their abuse. We cried for every woman who had just watched Brittany’s experience confirm why they would never report. How many more women will be silenced because of what we have just seen happen in this case?
Soon after Brittany’s speech that day, it was announced that Lehrmann’s lawyers had referred her comments to the police and the court for contempt, showing how women cannot speak freely about their experience or the failures of the criminal justice system. It also gave rise to the ironic possibility that a woman who has made a rape allegation could face a criminal conviction for speaking about it, while the man she accused might not face trial.
Last week, Shane Drumgold, the ACT Director of Public Prosecutions, announced that there would be no retrial. Drumgold explained that the charges were dropped and Lehrmann would not face trial owing to the “significant and unacceptable risk to the life of the complainant”. Drumgold added that Brittany had “faced a level of personal attack that I have not seen in over 20 years of doing this work.” It has since been confirmed that Brittany is currently – again – receiving treatment in hospital.
Speaking out and reporting her allegations has come at a massive cost for Brittany. It cost her the job she loved in politics, and her health. Her truth, her integrity, her character and her conduct were all put on trial. We must not let this case pass by without ensuring better protection for women when they speak out, including from legal threats and online abuse.
The fact that the prosecution has not been pursued and Lehrmann has not been convicted does not mean that Brittany lied.
Defamation claims around the world about allegations of rape and domestic violence are chilling public interest conversations about violence against women, and silencing women from speaking about their abuse. We cannot act if we do not know.
Brittany’s courage in speaking out helped spark a movement. As the Global Institute for Women’s Leadership said, “her advocacy has been instrumental in driving rapid and instrumental change, as the catalyst for reforms in Parliamentary workplaces, as well as addressing workplace harassment more generally in Australia”.
But after watching how Brittany has suffered throughout this process, how many women will want to speak out? How many more women will be silenced because of what we have just seen?
This must change. We have to support Brittany Higgins and not let one more woman suffer as she has.
- Jennifer Robinson is a barrister and co-author of How Many More Women? Exposing how the law silences women. A new edition of the book will soon be released, in unredacted form, now the Lehrmann prosecution has been abandoned
- Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In Australia, support is available at 1800Respect (1800 737 732). In the UK, Rape Crisis offers support on 0808 802 9999. In the US, Rainn offers support on 800-656-4673. Other international helplines can be found at ibiblio.org/rcip/internl.html
- In Australia, mental health support is available at Beyond Blue on 1300 22 4636 and Lifeline on 13 11 14. In the UK, the charity Mind is available on 0300 123 3393 and Childline on 0800 1111. In the US, Mental Health America is available on 800-273-8255