Russell Brand's barrister has told Southwark Crown Court that the former entertainer's rape and sexual assault offences were linked to and a consequence of the level of celebrity status he had attained. The disgraced star was convicted of one count of rape and three counts of sexual assault when the jury returned its verdict on Thursday afternoon, November 5. He was acquitted of two counts of rape and one charge of attempted indecent assault.
Sentencing submissions
Brand is due to be sentenced this afternoon, Monday November 9, and has been warned he faces a 'significant custodial term'. During sentencing proceedings at Southwark Crown Court on Monday, Brand's barrister, Mr Ian Winter KC, appealed to the judge to conclude that the fallen TV personality did not humiliate or degrade the rape victim by compelling her to shower and brush her teeth before sex, reports the Manchester Evening News.
He argued that Brand had made the requests for a good reason, as he is a recovering alcoholic. He said: "Whilst plainly unattractive behaviour on the part of Mr Brand, it is not entirely surprising that an ex-alcoholic might prefer not to smell alcohol on an intimate partner's breath in circumstances where sexual activity was very much expected and intended to follow."
Defence arguments
He urged the judge to find that Brand had been "inconsiderate" by leaving quickly afterwards, to attend a stand-up show he was due to perform, rather than construing this as an aggravating factor intended to degrade the victim. Mr Winter went on to urge to view the four events as isolated events rather than a pattern of behaviour. The judge stepped in, suggesting: "To say 'He got away with it for 17 years' is not necessarily a huge piece of mitigation, is it?"
In his submissions, the defence barrister added: "This should be regarded as a man who went too far and overrode consent that had been given." He added: "There was no planning, there was no pre-meditation." Mr Justice Bennathan interjected and said there had been no suggestion there was any pre-meditation to the rape.
Fame as a factor
Brand's crimes were connected and the consequence of the level of fame he was acquiring, the barrister told the court. Mr Winter said it took place as "he started to become very famous and then extraordinarily famous, and we would invite your lordship to conclude that his behaviour for these offences are connected and the consequence of that level of fame." He pointed out that the final offence "happened very shortly after he met Katy Perry".
His barrister also said a woman whose breasts were groped by the celebrity at a Soho bar in 2004 was "not particularly vulnerable". Mitigating for the disgraced celebrity, Ian Winter KC, told the court: "She was not particularly vulnerable at all. Being tipsy is not something that gave rise to vulnerability and there's no evidence the defendant knew she was tipsy so to be vulnerable." Mr Winter said the incident falls at the bottom of culpability under sentencing guidelines as it was a "very, very short incident".
Brand will be sentenced later today.
