the couch in the Minister's office. I will come back below to whether I accept Ms Higgins' evidence she was not aware of what was happening when Mr Lehrmann commenced the sexual act.
555 I am also amply satisfied, in accordance with the inherent probabilities, that coitus (and any other physical contact) concluded quickly upon Mr Lehrmann ejaculating, and that he thereafter promptly left the Minister's office and the Ministerial Suite. It follows that it is far more likely than not that sexual intercourse occurred towards the end of the period when both Mr Lehrmann and Ms Higgins were in the Minister's office and at around, or shortly after, the time Mr Lehrmann's girlfriend was trying to telephone him.
556 Given the evidence I have already discussed and the weight I place on contemporaneous representations, I have not reached a level of satisfaction that during the sexual act Ms Higgins said, "no on a loop" and I think it is more likely than not that she did not, or was not, able to articulate anything. On balance, I find it is more likely than not that she was passive (as she later said, "like a log") during the entirety of the sexual act.
557 I am further satisfied she felt unable to get up from the couch immediately following Mr Lehrmann leaving and she then passed out into a deep sleep. The fact she "passed out", at some time, is common ground in final submissions.
558 When it comes to the dress, I accept the evidence of Ms Anderson, who encountered her about two hours later. It is unclear to me whether the dress had been completely removed prior to the sexual act, or during it, or had just been scrunched around the waist of Ms Higgins (thus exposing her breasts and genitalia). If it was the latter, then I think it is likely the dress was taken off by Ms Higgins at some time prior to the arrival of Ms Anderson, despite her not being fully aware of her surroundings, presumably to allow her to be unencumbered by it while sleeping.
559 As to the bruise, I fall well short of being satisfied that Mr Lehrmann placed his leg against either of Ms Higgins' legs so forcefully as to cause a large bruise (particularly given my considerable doubts about the authenticity of the bruise photograph).
560 I will make some further findings as to what occurred when I consider the elements of rape in Section H.2 below.
