The key facts
- Burnham said the government should be 'constantly examining' how rape trials proceed, but neither ruled out nor confirmed changes to the law.
- Met Police chief Mark Rowley described the defence's statements in Brand's trial as close to 'victim-blaming'; barrister Anna Soubry countered that judges already give juries such directions.
- Brand has been found guilty of one rape and three indecent assaults; sentencing is on Monday, he remains in custody, and the investigation continues.
The government's response to the dispute over the trial's course
Prime Minister Andy Burnham said the government should be 'constantly examining' how rape trials are conducted in order to better support complainants in court, and added that he is 'always open to change'. At the same time, according to BBC News, the government currently has no plans to change the legislation governing such trials. Burnham's comments came after the head of the Metropolitan Police, Sir Mark Rowley, told the BBC that what he had heard in reports about the Russell Brand trial was 'very close to victim-blaming'.
The essence of the dispute over Brand's defence
The trigger was remarks by Brand's barrister Ian Winter KC, who told the jury that none of the complainants, in his words, 'resisted, screamed or even tried to leave'. Rowley called such arguments close to victim-blaming and backed a proposal by the Victims' Commissioner Claire Waxman to introduce a legal duty for judges to explain rape myths to juries in every such trial. 'It should not be possible for inaccurate statements to be made to juries, hinting that a victim's behaviour supposedly undermines her case,' he said. Harriet Wistrich, director of the Centre for Women's Justice, agreed that juries need to understand typical victim behaviour. However, former Conservative MP and now barrister Anna Soubry told the BBC that people are being 'misled': according to her, every judge in such cases 'must and does' give juries the appropriate directions, and 'we should trust our juries'.
What is known about Brand's case
The 51-year-old actor and comedian Russell Brand was found guilty after a four-week trial in London of one count of rape and three counts of indecent assault; he was acquitted on two other counts of rape and one count of attempted indecent assault after eight and a half hours of jury deliberation. He has been refused bail, sentencing will take place on Monday, and a substantial prison term is expected. In addition, as police reported, Brand has been charged with two further counts of rape, he was interviewed about these complaints, and the investigation 'continues'. Rowley said he 'would not be surprised if many more people came forward'. Separately, it was reported that Brand's barrister himself referred himself to the regulator after a publication about a confrontation with a journalist.
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