Burnham pledges scrutiny of how rape trials treat victims
Andy Burnham has argued that the government must ensure people who bring rape complaints are not made to feel that they are the ones standing accused in court. Speaking to Times Radio on Saturday, he said he would examine closely the comments made by a senior police officer, and that ministers needed to consider how to prevent a woman from being left with the impression that the proceedings are directed at her. The prime minister added that he is always willing to make changes, and that more women should be encouraged to report rape while the conviction rate needs to rise. He framed all of this within his administration's wider programme of confronting violence against women and girls.[S1][S2][S3][S4]
When asked whether his position could result in an amendment to the law, Burnham said he would not exclude any option and promised to study what had happened in the case in great detail. The BBC reported that, despite his remarks, there are no current plans to alter legislation governing rape trials. He had earlier told Times Radio that the government should keep reviewing how such trials are run so that complainants are better supported in court.[S1]
Police chief's warning about victim blaming
The debate followed an interview in which Sir Mark Rowley was asked on BBC Radio 4's Today programme about a defence barrister's address to jurors in the Brand trial. It was put to the police chief that Ian Winter KC had told the jury that none of the complainants had, in his words, resisted, screamed or even tried to leave. Sir Mark responded that what he had heard reported came close to blaming the victim, something he said policing had thought about carefully in order to avoid.[S1]
Sir Mark said he would back a request from the Victims' Commissioner for a statutory duty obliging judges to instruct juries on rape myths and misconceptions in every rape trial. He argued that it should not be possible for inaccurate statements to reach a jury suggesting that a complainant's behaviour in some way weakens her case. He also told BBC Breakfast that he would not be surprised if many more people came forward.[S1]
Support, scepticism and a case still unfolding
Following the trial, Victims' Commissioner Claire Waxman argued that rape proceedings have to be conducted in a way that challenges myths and misconceptions surrounding sexual violence. In a social media post, she said victims should be able to trust that the justice process is fair and rests on evidence rather than false assumptions about rape and trauma. Harriet Wistrich, founder and director of the Centre for Women's Justice, told the Today programme that jurors ought to understand underlying behaviours instead of hastily judging how a particular victim acted.[S1]
Anna Soubry, a former Conservative MP who has returned to practice as a barrister defending rape and sexual offence cases at the Crown Court, said the police chief's comments were misleading people. She maintained that every judge in such cases gives, and must give, a firm direction to the jury on precisely these matters, and said she was really disappointed in Sir Mark. She stressed that juries, who can understand the nature of sexual offences, must be trusted.[S1]
Brand, 51, 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. The jury cleared him of two other rape counts and one count of attempted indecent assault after deliberating for eight and a half hours. He was denied bail and will remain in custody over the weekend. It has also emerged that two women have made further rape allegations against him and that officers have questioned him about those complaints; the Metropolitan Police said its investigation remains ongoing.[S1]
