Andy Burnham has said he is “not ruling out a change in the law” after Russell Brand's conviction for rape and sexual assault. The Prime Minister was speaking as he said he had “no idea” about the extent of Brand's wrongdoing, after it emerged that he previously praised the disgraced comedian for using his platform to “help others”.
In 2014 – before Brand was accused of any wrongdoing – Mr Burnham posted a supportive message on social media when the comedian was facing media criticism about his housing arrangements. At the time, it was revealed that Brand paid rent on his London home to a firm registered in the British Virgin Islands while at the same time campaigning against high rents and tax dodgers.
Mr Burnham, at the time the shadow health secretary, posted on social media: “Depressing to see media mission to discredit someone who stops playing their game & uses celebrity to help others. Keep going @rustyrockets.”
In another post, in 2013, Mr Burnham praised an opinion piece Brand wrote about former prime minister Margaret Thatcher. He said it was “the best thing ever written by a West Ham fan”.
Prime Minister's response to conviction
The Prime Minister told the BBC on Friday: “His crimes are horrific. He's rightly been held to account, justice for the victims and that is the right course that's been taken here.
“It's not always the case that people know everything about people in public life, but what is important is that where there is wrongdoing, it is exposed.”
Brand, 51, was found guilty of one count of rape and three counts of sexual assault on Thursday. He was found not guilty of raping a woman he met at a cabaret show on the fringes of the 1999 Labour Party conference in Bournemouth, and not guilty of trying to drag a MTV worker into a toilet to indecently assault her in 2001.
Brand heard the jury's verdict at Southwark Crown Court on Thursday (November 5). He will spend the weekend in custody before he returns to the same court on Monday (November 9) to learn his prison sentence.
Review of rape trial conduct
The Prime Minister said he will look at changing how “rape trials are conducted” to encourage more women to come forward and “get the conviction rate up”.
He told Times Radio's Anna Mikhailova he would “look closely” at what Sir Mark Rowley said, after the Metropolitan Police Commissioner backed calls to change legislation to tackle “rape myths”.
Mr Burnham said: “I think we need to constantly look at the way rape trials are conducted to make sure that they do not leave the woman feeling like she is on trial in court, as has been the experience of people in the past.
“So I will look closely at what Sir Mark Rowley is saying. Always prepared to make changes. We need to encourage more women to come forward to report rape.
“We need to get the conviction rate up. It has improved, but not enough. We need to do more to support victims of sexual assault and rape, and we will do that as well.
“All of this is part of our broader agenda as a government, combating violence against women and girls.”
Asked whether he would consider making changes in the law, he said: “I wouldn't rule anything out, of course not. I mean, I will study what's happened here in great detail.”
Calls around 'rape myths' in trials
Claire Waxman, the Victims Commissioner, said juries should be warned about “rape myths”, criticising “outdated and harmful assumptions” that victims must have screamed or tried to fight off their attacker.
During Brand's trial, the disgraced star's defence lawyer Ian Winter KC told the court that none of the complainants had “resisted or screamed or even tried to leave”.
Ms Waxman said: “The idea that rape victims must scream, physically resist or immediately report an offence is a well-established rape myth, rooted in outdated and harmful assumptions about how victims are expected to behave.
“That's why I am calling for a legal duty in the Courts and Tribunals Bill, requiring judges to direct juries on rape myths and misconceptions in every rape trial.
“Justice must be grounded in evidence, not misconceptions. Consistent judicial directions would help challenge stereotypes and improve understanding of trauma.”
Her office said, while there is some guidance on the issue of rape myths, it needs to be stated plainly in legislation, with such a change ensuring consistency in directions given by judges to juries before they begin their deliberations.
Her statement was welcomed by Sir Mark from The Met. “I think what I've 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,” he told BBC Radio 4's Today programme.
“People fall into myths about (how) a rape victim must behave in a certain way, must react in a certain way.
“The evidence is really clear. Some people will fight. Some people will freeze. Some people will tell people straight away. Some people bottle it up for years. There isn't one way of reacting.
“We understand 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 that undermines their case.”
Mr Burnham also praised “the bravery of the women, the victims in the case, who've come forward and had the courage to speak out”.
Two further allegations against Brand are still being investigated and Sir Mark has said he “wouldn't be surprised if many, many more come forward”.
