Prime Minister Andy Burnham has said he will study whether the conduct of rape trials should be changed, after the conviction this week of Russell Brand prompted warnings from the Metropolitan Police Commissioner about victim blaming. The commissioner, Sir Mark Rowley, said what he had heard in the trial “heads towards, it’s getting very close to victim blaming” and he expressed support for a call for judges to give juries specific directions on rape myths in every trial.
Brand, 51, was found guilty of one count of rape and three counts of sexual assault after a four week trial in London. The jury deliberated for eight and a half hours. He was acquitted of two other counts of rape and one count of attempted indecent assault. Brand was refused bail, remanded in custody and is due to be sentenced on Monday 9 November.
On Friday 6 November, Sir Mark Rowley was asked about defence counsel telling jurors that none of the complainants had “resisted, screamed or even tried to leave”. Rowley said his comments had been prompted by what he had heard reported about defence submissions, and he voiced support for a proposal from the Victims Commissioner, Claire Waxman, for a legal duty requiring judges to direct juries on commonly held rape myths.
Calls for clearer jury direction
Waxman said rape trials must be conducted “in a way that challenges myths and misconceptions about sexual violence”. The Victims Commissioner has urged that judges should routinely challenge misleading narratives when directing juries, to prevent misunderstandings about typical victim behaviour from influencing verdicts.
In a radio interview on Saturday 7 November, Mr Burnham said he would “look closely” at Sir Mark Rowleys comments and that the government needed to ensure trials do not “leave the woman feeling like she is on trial in court”. He said he was “always prepared to make changes”, and acknowledged that conviction rates had improved “but not enough”. When asked about changing the law, he said he “wouldn’t rule anything out”. Government officials subsequently said there were no current plans to change the law on rape trials.
The Metropolitan Police said its investigation into allegations against Brand “remains ongoing” and that Brand had been questioned over further allegations made by two women. Those further allegations have not been tested in court.
Reaction to the commissioners remarks was divided. Anna Soubry, a former Conservative MP who now practises as a barrister defending sexual offences, said judges already give firm directions to juries and said she was “really disappointed” in Sir Mark Rowley for suggesting otherwise. By contrast, Harriet Wistrich of the Centre for Womens Justice said juries need to be helped to understand underlying behaviours in cases of sexual violence, without rushing to judgement.
Legal experts contacted by this newspaper said the issue is contested. Some defend the current practice in which judges give guidance tailored to the facts of each case. Others say a standard judicial direction that addresses common myths and misconceptions could better equip jurors to assess evidence in sexual offence cases.
Proposals for reform would need to be carefully drafted to avoid prejudicing juries and to preserve the accuseds right to a fair trial, lawyers warned. Any change that became law would require parliamentary approval and would be subject to consultation with the judiciary and legal profession.
The conviction, the jury deliberation time and the remand status were confirmed in court. Brands sentencing on 9 November will determine the immediate outcome of the case before any further legal steps or appeals. The Metropolitan Police emphasised that its wider inquiry remains active and that further lines of inquiry are being pursued.
For now, no policy change has been decided: Mr Burnham has committed only to studying the issue, and officials maintain there are no current plans to alter legislation governing the conduct of rape trials. The debate about whether existing judicial directions are adequate is unresolved and may be revisited by lawmakers and the courts in the weeks and months ahead.
