<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Former political staffer Bruce Lehrmann is poised to learn whether a second return to the lion's den has overturned a court ruling he probably raped colleague Brittany Higgins.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The 30-year-old suffered a bruising own-goal after suing Network Ten and journalist Lisa Wilkinson for defamation over an interview with Ms Higgins on The Project in 2021.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Justice Michael Lee found Ms Higgins' claims Lehrmann had raped her inside Parliament House two years earlier were established on the balance of probabilities.</span></div></div><div><div id="adspot-mobile-medium"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/exclusive-carol-and-robert-gould-legal-fight-after-injury-results-in-thumb-amputation/bf5ff8a4-3487-4ec8-8e56-e2f2e612edb3" rel="" target="" title="Robert lost part of his thumb 14 years ago. It triggered a legal nightmare"><strong><span>Robert lost part of his thumb 14 years ago. It triggered a legal nightmare</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>In his headline-grabbing decision in April 2024, the judge said: "Having escaped the lions' den, Mr Lehrmann made the mistake of going back for his hat."</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Lehrmann appealed the finding during a two-day hearing in August, arguing the judge erred in finding Ten and Ms Wilkinson had legally justified the imputation of rape.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>After months of deliberations, the Full Court of the Federal Court will hand down its decision on Wednesday.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/dday-for-lehrmann-after-another-return-to-lions-den/ffb6686e-94c7-49e3-80c1-8db6a155e086" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The appeal judges were told Justice Lee's factual findings differed from the case run against him, including that he had committed a "non-violent" rape against Ms Higgins.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"The primary judge found that the rape occurred in a particular way that wasn't put to Mr Lehrmann in evidence, and he was taken by surprise as to the nature of the rape," Lehrmann's lawyer Zali Burrows said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But the ruling depicted a violent rape, Ten's barrister Matt Collins KC argued, labelling the suggestion that Lehrmann may have given different testimony as "astonishing".</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The former political staffer had been quizzed on the main facts of the case found by Justice Lee: that sex took place, Ms Higgins did not consent, and Lehrmann had been reckless as to her consent.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"The sting of the (defamatory) imputation resides in the act of intercourse without consent, not in any detail of it," Dr Collins told the appeal hearing.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Both sides took issue with the definition of rape employed by Justice Lee, with Ms Burrows maintaining it was inconsistent with an ordinary person's understanding.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>For their part, Ten and Ms Wilkinson urged the appeal judges to find that Lehrmann was not only reckless as to Ms Higgins' consent - as Justice Lee found - but knew she wasn't consenting.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>They rejected Ms Burrows' claims that Lehrmann would be entitled to more than $20,000 in damages if his appeal is successful because he has become a "national joke" as a result of the allegation.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Lehrmann raped Ms Higgins when he knew she was seriously intoxicated, didn't stop when she became aware and left her in a state of undress, Dr Collins argued.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"That is not a man with any reputation in respect of sexual morality that would warrant compensation," he said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Lehrmann denies he sexually assaulted Ms Higgins and a criminal case against him in 2022 was abandoned without any findings against him.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><em><strong><span>1800 RESPECT (1800 737 732)</span></strong></em></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><em><strong><span>National Sexual Abuse and Redress Support Service 1800 211 028</span></strong></em></div></div>