Andy Burnham has emphasized the need for the government to ensure that victims in rape cases do not feel as though they are the ones on trial. His remarks follow comments from Metropolitan Police Commissioner Sir Mark Rowley, who told the BBC that some of what he heard reported from Russell Brand's trial came dangerously close to "victim blaming."
In an interview with Times Radio on Saturday, Burnham said he would "look closely" at the police chief's comments and stressed the importance of examining how rape trials are conducted to better support alleged victims in court. "We need to make sure they do not leave the woman feeling like she is on trial," he said. "[I'm] 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. All of this is part of our broader agenda as a government combatting violence against women and girls."
When pressed on whether this might lead to a change in the law, the prime minister replied: "I wouldn't rule anything out... I will study what's happened here in great detail." However, BBC News understands there are no immediate plans to alter legislation around rape trials.
Rowley's Concerns and Support for Legal Duty
Sir Mark's comments came after he was asked about Brand's defence barrister, Ian Winter KC, telling jurors that none of the complainants had "resisted, screamed or even tried to leave." Sir Mark responded: "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 expressed support for a call from the Victims' Commissioner for a legal duty requiring judges to direct juries on rape myths and misconceptions in every rape trial. "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 undermines their case," Sir Mark explained.
Brand's Conviction and Ongoing Investigations
Actor and comedian Russell Brand was found guilty of one count of rape and three counts of sexual assault after a four-week trial in London. He was acquitted of two other counts of rape and one count of attempted indecent assault after the jury deliberated for eight and a half hours. The 51-year-old was refused bail and will spend the weekend in custody, with sentencing scheduled for Monday, where he is expected to face substantial jail time.
It has since been revealed that Brand is facing further rape allegations made by two women and has been questioned by officers in relation to the complaints. The Met said its investigation "remains ongoing." Sir Mark told BBC Breakfast he "wouldn't be surprised if many more came forward."
Calls for Change and Debate
In the wake of Brand's trial, 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, Waxman wrote that "victims need confidence that the justice process is fair and based on evidence, not myths and false assumptions about rape and trauma."
Harriet Wistrich, director and founder of the Centre for Women's Justice, agreed that juries need to understand "underlying behaviours" without "running to judgement" over how a victim behaved in a particular way.
However, former Conservative MP Anna Soubry, who now works as a barrister defending rape and sexual offence cases in the Crown court, told the BBC that "people are being misled" by Sir Mark's comments. "Every single judge in those cases must give, and does give, a very firm direction to the jury on exactly these points," she said. She added that she was "really disappointed" in the police chief and stressed that "we've got to trust our juries" who are able to understand the nature of sexual offences.
If you have been affected by any of the issues raised in this story, information and support can be found at the BBC's Action Line.
