Rethinking defamation cases over sexual assault allegations: feminist reflections on Lehrmann v Network Ten

Lehrmann v Network Ten stands as a rare example of a woman’s account of rape being found to be true in defamation proceedings. The case presents an opportunity to explore the prevalence of patriarchal myths about sexual assault survivors in litigation and how male defamation plaintiffs use these myths to undermine victims’ credibility. Via a close reading of Justice Michael Lee’s judgment through a feminist theoretical framework, we argue that Justice Lee’s trauma-informed approach to Brittany Higgins’ testimony provides a blueprint for how to deconstruct the patriarchal biases that pervade litigation, representing a possible turning point in how defamation law engages with narratives of sexual violence. However, we also emphasise the importance of situating Justice Lee’s approach within the broader patriarchal structure of the law to identify potential harmful effects of the way Justice Lee constructed the judgment’s narrative. Lehrmann v Network Ten exposes both the value of taking a trauma-informed approach to the evaluation of victim-survivors’ testimony in defamation litigation and the challenges of fully addressing feminist concerns within an inherently patriarchal system of law.