UK PM Andy Burnham reacts to Russell Brand SA trial and victim cross examination. Then he hints at a massive legal shift
Victims in rape cases should not feel like they are on trial.
The legal system in the United Kingdom is facing intense scrutiny following the conviction of Russell Brand. According to the BBC, Prime Minister Andy Burnham has now suggested that a massive shift in how rape trials are conducted could be on the horizon. This follows the conclusion of a four-week trial in London where the actor and comedian was found guilty of one count of rape and three counts of sexual assault.
The core of the current debate centers on how complainants are treated while giving evidence. Burnham stated that the government needs to make sure that victims in rape cases do not feel like they are on trial. During an interview on Times Radio, he made it clear that he is willing to study the details of the recent proceedings to determine if legislative changes are necessary. When asked directly if he would rule out a change in the law, he replied, “I wouldn’t rule anything out. I will study what’s happened here in great detail.”
These comments arrived after Metropolitan Police Commissioner Sir Mark Rowley raised significant concerns regarding the defense strategy used during the Brand trial. Sir Mark specifically pointed to remarks made by defense barrister Ian Winter KC.
‘It’s getting very close to victim blaming’
During the trial, the barrister told jurors that none of the complainants had in his words ‘resisted, screamed or even tried to leave’. Sir Mark said that what he heard reported ‘heads towards, it’s getting very close to victim blaming, which is something we’ve thought very hard about in policing and make sure we don’t do.’
The police chief argued that juries must be better informed about the reality of trauma. He noted that there is no singular way for a victim to react to sexual violence. Some people will fight, while others might freeze or struggle to speak about the event for years.
Sir Mark expressed that it shouldn’t be possible for inaccurate statements to be made to a jury to suggest that because a rape victim didn’t behave in one way that somehow undermines their case. Consequently, he supports a push from the Victims’ Commissioner to create a legal duty requiring judges to direct juries on rape myths and misconceptions in every single rape trial.
Claire Waxman has been a leading voice in this push for reform
In a post on social media, Victims’ Commissioner Claire Waxman argued that victims need confidence that the justice process is fair and based on evidence, not myths and false assumptions about rape and trauma. Her office suggests that while some guidance already exists, it needs to be stated plainly in legislation.
This would ensure consistency in how judges instruct juries before they begin their deliberations. The goal is to challenge outdated stereotypes that suggest a victim must scream or fight to be considered credible.
Not everyone in the legal profession agrees with the assessment provided by the police chief. Former Conservative MP Anna Soubry, who often works as a barrister defending sexual offence cases in the Crown court, said that people are being misled by the recent criticism.
She stated that every single judge in those cases must give, and does give, a very firm direction to the jury on exactly these points. She expressed that she was really disappointed in the police chief and stressed that we’ve got to trust our juries to understand the nature of sexual offences.
The trial of the 51-year-old comedian resulted in a mixed verdict
While he was convicted of four charges, the jury found him not guilty of two other counts of rape and one count of attempted indecent assault after deliberating for eight-and-a-half hours. The defendant was refused bail and remains in custody while he awaits sentencing. He is expected to face substantial jail time for his crimes.
The legal situation for Brand is far from over. It has been revealed that he is facing additional rape allegations made by two other women. The Metropolitan Police confirmed that their investigation remains ongoing. Sir Mark Rowley has indicated that he wouldn’t be surprised if many more came forward in the future.
For the Prime Minister, the focus remains on the broader objective of his administration. He told the media that he is always prepared to make changes to the current system and believes that the government must encourage more women to come forward to report rape and that they need to get the conviction rate up. He framed these potential reforms as part of a larger agenda focused on combating violence against women and girls.
Harriet Wistrich, the director and founder of the Centre for Women’s Justice, also weighed in on the matter. She agreed that juries need to understand underlying behaviours without running to judgement regarding how a victim behaved.
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