Russell Brand trial sparks requires ‘rape myths’ legislation change after ‘defence got here very near sufferer blaming’

Met Police chief Sir Mark Rowley accused Brand’s defence case of getting ‘very close to victim blaming’, and warned against propagating ‘myths’ about how victims should behave

View 3 Images

Russell Brand at court with his wife Laura Gallacher(Image: AP Photo/Thomas Krych)

The law should be changed in the wake of Russell Brand’s trial so juries are warned against “rape myths”, Britain’s top police officer has said.

Sir Mark Rowley accused Brand’s defence case of getting “very close to victim blaming”, and warned against propagating “myths” about how victims of sexual offences should behave. The Metropolitan Police chief added that he expected more victims to come forward in the wake of the serial sex offender being convicted on Thursday of raping one woman and sexually assaulting three more.

Brand faces being jailed for years when he appears for sentencing on Monday. His barrister, Ian Winter, KC, had told jurors that “none of the complainants had resisted or screamed or even tried to leave”.

Sir Mark said on Friday that he supported Victims’ Commissioner Claire Waxman, who wants a legal duty in the Courts and Tribunals Bill that would require judges to issue directions to juries on myths and misconceptions in every rape trial.

He said: “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, when the evidence is very clear, we’re all very different sort of psychological and personal make-up, and in the most extraordinary horrific moments, of course, people react very differently.”

Mr Winter said of the 21-year-old woman Brand was convicted of raping at his Hampstead home in 2009: “She didn’t roll over, or kick out, or try to stop him in any way from penetrating her anus.”

And he added that none of the complainants had gone to the police at the time. He said: “If a wrong has been done to you, you are entitled to have it investigated… The best moment you have of achieving a conviction is at that time, when the evidence is at its freshest.”

Ms Waxman has criticised “harmful assumptions” that victims must have screamed or tried to fight off their attacker.

She said: “The idea victims must scream, resist or immediately report an offence is a myth, rooted in outdated and harmful assumptions about how victims are expected to behave. That’s why I’m calling for a legal duty in the Courts and Tribunals Bill, requiring judges to direct juries on rape myths and misconceptions.”

Deniz Ugur, of the End Violence Against Women coalition, said: “It is really appalling to see defence lawyers intentionally lean into a whole range of tired tropes and myths about rape.”

Sir Mark said high-profile cases did often lead to an “upsurge” in reporting because it gave victims confidence to speak up about attackers in their cases.

He said on Friday: “It does make a difference because people see it is possible, and you will be believed.”

On Brand, he added: “There’s two more cases we’re investigating at the moment. I clearly wouldn’t be surprised if many more came forward.”

Brand, 51, faces years behind bars and could lose his £16million fortune in civil claims on both sides of the Atlantic. He was convicted of raping one woman and sexually assaulting three others and the Crown Prosecution Service is considering bringing further charges after he was accused of two more rapes, including that of a 16-year-old girl.

A High Court claim has been lodged by a woman seeking tens of thousands of pounds in damages. She said Brand forced himself on her at his LA mansion in 2008. The 23-year-old fled after he allegedly pushed her on to his bed and tried to perform sex acts against her will.

There is also a separate lawsuit in New York where Brand is accused by an extra in the 2010 romantic comedy remake Arthur of exposing himself.

Comedian Katherine Ryan said on Friday that she feels “grief and relief” after Brand was convicted.

She said there were “a lot of women speaking privately and quietly” following Thursday’s verdict, who feel “a very nuanced mix of emotions”.

Ryan had previously claimed that there was a “predator” in the entertainment industry, in a BBC TV documentary interview with Louis Theroux.

Bear Grylls, the TV adventurer, who helped baptise Brand in the River Thames in 2024, said: “Judgement is for the courts and God… I wouldn’t want to ever discourage someone’s coming to faith,” he added. “It is right that justice has now been served. I can’t imagine how hard this time has been for the victims, the heroes of the day.”

Prime Minister Andy Burnham has said Brand has rightly been held to account for his “horrific” crimes and sought to explain Labour’s previous association with him.

Some in the party courted Brand’s support more than a decade ago, before police began investigating him – and in 2014 Burnham posted a supportive message on social media.

Article continues below

Asked about the 2014 tweet on Friday, Burnham said: “It’s not always the case that people know everything about people in public life.”

CrimeMetropolitan PoliceRapeRussell Brand