how this judge could know having sex with BH being like a log some years after.
That was a statement that was reported during the trial from a witness recounting what Higgins said to him three days after the event that the judge used when deciding if sex was consensual or not.
There is a list of reasons why the judge formed the view about consent after forming a view that sex took place.
From the trial transcript.
Mr Payne had asked (Higgins) “Did he rape you?”, being her immediate and spontaneous response: “I could not have consented. It would have been like f**king a log”
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Lehrmann defamation trial judgement today, page-427
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