485 Pausing the narrative in chief for a moment, it is useful to refer to some evidence given in cross-examination, where Ms Higgins said (T962.29–963.6):
MR WHYBROW: You've given evidence to his Honour that when you were, on your evidence, being sexually assaulted by Mr Lehrmann, your head was towards the door?---Yes.
And you previously gave evidence in the trial that his knee was on your leg - - -?---Yes.
- - - whilst he was penetrating you?---Yes.
And you asserted that the bruise photograph was caused by that conduct?---It hurt. I had a bruise and made an assumption, but I – I – I have to accept that it may not have been from that.
Okay. And do you recall that when you gave your evidence before the jury and you were describing these events, you were describing that this knee on your thigh was on your left thigh?---I didn't remember the left or right, but my head was in the corner. One was up against the couch and one was spread open, and so that would have been the left side, yes.
And the photograph that you have provided was a photograph of your right thigh?---Yes.
Okay. And I take it you have no recollection of turning around?---Not in the middle of the night, but I know – not in the middle of the night. I don’t recall moving in my sleep when I was passed out after the rape.
486 Going back to her account in chief, Dr Collins adduced the following evidence (T630.1–31):
DR COLLINS: You said you couldn't scream; did you try?---I don't know, I just – I couldn"t – like, you think of a scream and you, like, want to – it didn't come out. I was saying "No" and I was telling him to stop, and there was an urgency to it, but I couldn't – I couldn't, like, scream like you see in, like, the horror movies, like, I couldn't – I don't know. I don't know why I couldn't.
To your recollection, did Mr Lehrmann respond to you asking him to stop?---No, he didn’t even acknowledge it.
You said you had the impression he was close to a climax. Do you have a recollection of how the incident ended?---I don't know, but I – I believe he finished and I believe he finished inside of me.
Why do you have that belief?---I don't know. I just – it stopped suddenly and I don't remember him – I don't remember it being anywhere else, or him – I just remember when he stopped, it stopped and he got off me.
And sorry to press it, but can you describe where your legs where at the time of the - - -?---Yes.
- - - the sex?---So I was laying down. My head was obviously in the back, and my legs were pinned open. So he was on top of me. One leg was kind of pinned against the side of the couch and the other one was pinned open. And all of a sudden, once he finished, he stopped and he got off me. So I don't believe he came anywhere else but inside of me.
