Prime Minister Andy Burnham is considering a change in the law after comedian Russell Brand was convicted on Thursday (November 5) of raping one woman and sexually assaulting three others. The 51-year-old faces the prospect of years in prison when he is sentenced on Monday, just over three years after first being exposed as a rapist and sexual predator.
In the wake of the guilty verdict, Mr Burnham has vowed to look at changing rape trials to encourage more women to come forward and “get the conviction rate up”. The Prime Minister said the Government needs to make sure women aren’t left to feel like they are on trial in court and is “prepared to make changes” to encourage more women to report rape.
Prime Minister responds to calls over ‘rape myths’
He told Time Radio’s Anna Mikhailova that he would “look closely” at what Sir Mark Rowley said after the Metropolitan Police Commissioner backed calls to change legislation to tackle “rape myths”. Sir Mark said some of what he heard reported from Brand’s trial was “very close to victim blaming”, after Brand’s lawyer told the court during the trial that none of the complainants had “resisted or screamed or even tried to leave”.
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.”
Pressed on whether he would consider making changes in the law, he added: “I wouldn’t rule anything out, of course not. I mean, I will study what’s happened here in great detail.”
Victims Commissioner calls for legal duty
Mr Burnham’s comments come after Victims Commissioner Claire Waxman said juries should be warned about “rape myths”, criticising “outdated and harmful assumptions” that victims must have screamed or tried to fight off their attacker.
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, in order to “help challenge stereotypes and improve understanding of trauma”.
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.”
Met Police Commissioner backs calls to tackle victim blaming
Speaking out in support of calls to tackle victim blaming, the Met Police’s 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.
“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.”
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”.
