Two ways the law could change after Russell Brand’s conviction

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Russell Brand arrives at Southwark Crown Court (Picture: James Manning/Press Association) Listening to the hideous details in judge Mr Justice Bennathan’s closing statement at the…

Listening to the hideous details in judge Mr Justice Bennathan’s closing statement at the sentencing of Russell Brand on Monday, setting out the rapist’s crimes with stomach-turning clarity, was enough to make anyone demand change.

Just a day later came the long-awaited Guardian and ITV News investigations into claims David Walliams had preyed on women and girls as young as 15. The author and comedian denies the allegations and he is not facing any criminal charges.

I’m going to look at two specific measures and potential law changes that have been brought up over the past few days – what they would achieve, and whether they would really make a difference.

The first was suggested by the Victims Commissioner for England and Wales Claire Waxman, after some ugly myths around rape were raised during Brand’s trial.

Defence barrister Ian Winter KC said none of the women ‘resisted or screamed or had even tried to leave’. Of course, that is true for many victims of rape and sexual assault, and it does not mean nothing happened to them.

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Waxman wants a law requiring judges at every rape trial to explain myths like these to the jury, a call that was supported by Met Police chief Sir Mark Rowley.

But it has met some resistance from lawyers who say long-standing guidance already exists for judges directing juries in rape trials. Lord Burnett, a former Lord Chief Justice, told the House of Lords it would be ‘unprecedented’ for Parliament to tell judges how to direct juries.

They argue it risks confusing the jury if the judge is required to run through a list of myths in a case where it is not relevant, and it should be up to their discretion. Advocates of the change suggest they can’t always be relied upon.

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