Burnham Says Rape Trial Process Should Not Make Victims Feel on Trial
Prime Minister Andy Burnham says the government should examine how rape trials are conducted after Russell Brand’s convictions. He wants victims not to feel they are on trial, while Metropolitan Police Commissioner Mark Rowley has called for juries to receive guidance on rape myths. Burnham said he would study the case closely.
Prime Minister Andy Burnham said Saturday that victims in rape cases must not feel they are on trial, as the government considers how court proceedings can better support complainants after Russell Brand’s convictions in London.
“[I'm] always prepared to make changes,” Burnham said in a Times Radio interview. He said he would examine Metropolitan Police Commissioner Mark Rowley’s criticism of how the trial was discussed.
Brand was found guilty of one count of rape and three counts of sexual assault after a four-week trial. A jury found him not guilty of two other counts of rape and one count of attempted indecent assault.
Burnham said the government needed to look at how to “make sure they do not leave the woman feeling like she is on trial in court.” He added that officials should encourage more women to report rape and work to raise the conviction rate.
Asked whether the case could prompt a change in the law, Burnham said: “I wouldn't rule anything out... I will study what's happened here in great detail.” There are no plans to change the law around rape trials, according to the account of the government’s position.
Rowley said comments attributed to Brand’s defense lawyer, Ian Winter KC, came close to victim blaming. The lawyer had told jurors that none of the complainants had, in his words, “resisted, screamed or even tried to leave.”
“I think what I've heard reported heads towards, it's getting very close to victim blaming,” Rowley said. He said he would support a legal requirement for judges to direct juries on rape myths and misconceptions in every rape trial.
Victims’ Commissioner Claire Waxman also called for trials to challenge misconceptions about sexual violence. She said victims needed confidence that the justice process was fair and based on evidence, rather than assumptions about rape and trauma.
Harriet Wistrich, director and founder of the Centre for Women’s Justice, said juries should understand underlying behaviors without rushing to judgment about how a victim acted. Former Conservative MP and barrister Anna Soubry disputed Rowley’s criticism, saying judges already give juries firm directions on those issues.
Brand was refused bail and is due to be sentenced on Monday. Police are also investigating further rape allegations made by two women; the Metropolitan Police said the investigation “remains ongoing.”
