Prime Minister Andy Burnham has pledged to examine how rape cases are conducted in court to 'make sure they do not leave the woman feeling like she is on trial'. The commitment follows the conviction of Russell Brand and comments from the country's top police officer about the need for new laws to tackle 'rape myths'.
Prime Minister Responds to Police Commissioner's Concerns
Sir Mark Rowley, the Metropolitan Police Commissioner, said some of what he heard reported during Brand's four-week trial came 'very close to victim blaming'. Mr Burnham told Times Radio he would not rule out changes to the law to tackle violence against women and girls, adding he would study Brand's case in 'great detail'.
He 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.'
Calls for Legal Duty on Rape Myths
The Prime Minister added: '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.' He also said he 'would like to praise the bravery of the women, the victims in the case, who've come forward and had the courage to speak out'.
Victims Commissioner Claire Waxman has said juries should be warned about 'rape myths', criticising 'outdated and harmful assumptions' that victims must have screamed or tried to fight off their attacker.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, his 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rape victims must scream, physically resist or immediately report an offence is a well-established rape myth, rooted in outdated and harmful assumptions about how victims are expected to behave.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.'
Police Commissioner's Support and Previous Comments
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. Sir Mark told BBC Radio 4's Today programme: 'I strongly support Claire. 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 added: '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.'
Elsewhere, the Prime Minister said he had 'no idea' about the extent of Brand's wrongdoing in 2014 when he defended him online over his housing arrangements. At the time, The Sun had revealed Brand paid rent on his London home to a firm registered in the British Virgin Islands. The Sun branded him a hypocrite for paying rent for the luxury property to a firm based overseas while at the same time campaigning against high rents and tax dodgers.
Mr Burnham, at the time an opposition frontbencher, said in a message on social media: 'Depressing to see media mission to discredit someone who stops playing their game & uses celebrity to help others. Keep going @rustyrockets.' 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.'
While Brand has been convicted of one count of rape and three counts of sexual assault, he was found not guilty of two further rape charges and one count of attempted indecent assault. 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'.
