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Bruce Lehrmann raped Brittany Higgins in Parliament House, judge finds on balance of probabilities
(www.theguardian.com)
this post was submitted on 15 Apr 2024
151 points (99.3% liked)
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Balance of probabilities? "More likely than not"? Is this usual for these types of legal cases?
I was under the impression decisions had to be made "beyond a reasonable doubt" and justice was based on an onus to prove guilt (e.g. innocent until proven guilty).
This seems an insanely dangerous way of determining guilt.
This was a defamation case, i.e. a civil case. Ten's defence was that their imputation that Lehrmann raped Higgins was substantially true, so the judge had to rule on whether or not the rape happened. It is not a criminal conviction and there won't be one in this case because the criminal trial was abandoned due to juror misconduct.