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Burnham considers rape trial law change after Russell Brand backlash
Andy Burnham says he will examine how rape trials are conducted after Russell Brand was convicted, including whether legal changes could help prevent complainants feeling they are on trial. The discussion follows criticism that arguments based on how a victim reacted can reinforce myths, and calls to support more women to report rape.
Brand, 51, was found guilty of raping one woman and sexually assaulting three others, while being acquitted of two rape charges and an attempted rape allegation. Metropolitan Police chief Mark Rowley backed a proposal requiring judges to direct juries on rape myths in every rape trial; he said two further cases involving Brand are under investigation and more complainants may come forward. Burnham also said conviction rates had improved but remained insufficient.
In short
- Burnham will study possible changes to rape trials.
- Rowley supports jury directions on rape myths.
- Brand was convicted of rape and three sexual assaults.
Steelman: both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Requiring judges to address rape myths could help juries assess evidence without relying on assumptions about how a complainant should behave, and may reduce the distress of feeling personally on trial. Clearer safeguards could also build confidence in the justice system and encourage more people to report sexual violence.
The case against
A standard direction in every rape trial could be seen as signalling that certain evidence or arguments deserve less weight before jurors have considered the case. Opponents may argue that judges already have tools to prevent improper questioning, and that any reform should preserve each defendant’s ability to challenge evidence and receive a fair trial.