Andy Burnham has said that rape victims must not feel on trial, adding his voice to a growing debate about how sexual offence cases are handled in court. His intervention followed remarks by Metropolitan Police Commissioner Sir Mark Rowley, who told the BBC that accounts from the Russell Brand trial came uncomfortably close to victim blaming.
Brand, the actor and comedian, was convicted of one count of rape and three counts of sexual assault after a four-week trial in London. He was cleared of two other rape charges and one count of attempted indecent assault. The 51-year-old, who has appeared in films including Forgetting Sarah Marshall, is due to be sentenced on Monday and is expected to receive a substantial prison term. He was denied bail and will remain in custody over the weekend.
Police Chief Raises Concerns Over Trial Language
Sir Mark was questioned about the defence strategy used during the trial, in which Brand’s barrister, Ian Winter KC, reportedly told jurors that none of the complainants had resisted, screamed, or attempted to leave. Asked about those remarks on BBC Radio 4’s Today programme, Sir Mark said what he had heard reported edged toward blaming the victims—an approach he said policing had worked hard to avoid.
The commissioner also backed a proposal from the Victims’ Commissioner for a legal requirement that judges instruct juries on rape myths and misconceptions in every rape trial. He argued that inaccurate statements should not be able to suggest that a victim’s behaviour undermines their case.
Burnham: Government Must Examine Court Process
Speaking to Times Radio on Saturday, Burnham said he would study the police chief’s comments closely. He stressed that the government needed to consider how to prevent women from feeling as though they are the ones being judged in court.
“I’m always prepared to make changes,” Burnham said. He added that more women should be encouraged to report rape and that conviction rates needed to rise, describing these goals as part of a wider government effort to tackle violence against women and girls.
When asked whether this could lead to legislative reform, Burnham replied that he would not rule anything out and would examine the details of the case carefully. However, BBC News understands there are no current plans to change the law on rape trials.
Victims' Commissioner and Others Call for Change
Victims’ Commissioner Claire Waxman said rape trials must be conducted in a way that challenges myths and misconceptions about sexual violence. In a social media post, she wrote that victims need confidence that the justice process is fair and grounded in evidence rather than false assumptions about rape and trauma.
Harriet Wistrich, director and founder of the Centre for Women’s Justice, told the Today programme that juries need to understand underlying behaviours without rushing to judgment about how a victim acted in a particular situation.
But former Conservative MP Anna Soubry, who has returned to work as a barrister defending rape and sexual offence cases at the Crown Court, said people were being misled by Sir Mark’s comments. She insisted that every judge in such cases gives a firm direction to the jury on these very points. Soubry said she was disappointed in the police chief and stressed that juries must be trusted to understand the nature of sexual offences.
Further Allegations Under Investigation
It has also emerged that Brand faces additional rape allegations from two women and has been questioned by officers in connection with those complaints. The Metropolitan Police said its investigation remains ongoing. Sir Mark told BBC Breakfast he would not be surprised if more people came forward.
