Over to the WA Supreme Court now, where Brittany Higgins’ lawyer has branded Liberal Senator Linda Reynolds’ defamation suit an attempt to besmirch those she blames for her demise, including the alleged rape victim at the centre of the political firestorm that caused it.
In beginning closing submissions on Monday, Higgins’ barrister Rachael Young, SC, said the former staffer’s alleged rape at Parliament House in March 2019 had caused her great suffering, but had given rise to a profound and lasting impact on the way gendered violence is addressed in workplaces across the country.
Young told the court Reynolds had targeted the wrong person in the pursuit to restore her reputation over what she saw as the politicisation of the alleged rape in 2021, laying the blame at the feet of her most junior staffer more than two years later.
“Senator Reynolds, feeling upset about the political accountability placed on her over Higgins’ rape and the allegations made in 2021, having never sued on them, seeks by a side-wind to claim damages over publications made in 2023,” Young said.
“And in that process, besmirch those who she blames for her political demise.”
While reflecting on Reynolds’ submissions about the impact the furore over the alleged rape had on her, including great distress and ill health, Young said there was no doubt Higgins had and would continue to bear the heaviest burden.
Reynolds, the former defence minister, is suing Higgins for damages and aggravated damages over social media publications she claims accused her of mishandling Higgins’ alleged rape and attempting to silence victims of sexual assault.
Higgins is defending the action, claiming the substance of the posts was true, and that Reynolds has used the media to harass her.