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Burnham will study Met chief's call to change rape trials after Brand conviction

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Burnham will study Met chief's call to change rape trials after Brand conviction
Head-and-shoulders portrait of Prime Minister Andy Burnham, wearing dark-rimmed glasses, a navy suit, light blue shirt and green tie, photographed outdoors against a blurred backdrop of greenery and pale flowers.

Andy Burnham has said he will look closely at calls from the Metropolitan Police Commissioner to change the way rape trials are conducted, after the conviction of Russell Brand at Southwark Crown Court.

The Prime Minister told Times Radio on Friday that the running of rape trials needed to be examined "constantly", and that he would study the case "in great detail". He did not commit to new legislation.

His comments follow an intervention by Sir Mark Rowley, who told BBC Radio 4's Today programme on Friday that defence arguments reported from the trial came "very close to victim blaming". Sir Mark backed a call by Claire Waxman, the Victims' Commissioner for England and Wales, for a legal duty requiring judges to direct juries on rape myths in every rape trial.

A jury on Thursday found Brand, 51, guilty of one count of rape and three counts of sexual assault against four women. The offences took place between 2004 and 2009, according to the Metropolitan Police, at locations including a radio station, the set of a DVD recording and Brand's home.

The jury cleared him of two further counts of rape and one of attempted indecent assault. Brand, who denied all the charges and said the encounters were consensual, was refused bail and is due to be sentenced on Monday. The judge told him the verdicts meant a "significant custodial term".

Burnham said: "I think we need to constantly look at the way rape trials are conducted to make sure that they do not leave the woman feeling like she is on trial in court, as has been the experience of people in the past."

He added: "We need to encourage more women to come forward to report rape."

He described Brand's actions as "horrifying" and praised the women who had the "courage to speak out".

Sir Mark's remarks referred to the closing submission of Brand's defence counsel, Ian Winter KC, who told the jury that none of the complainants had "resisted or screamed or even tried to leave".

"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," Sir Mark said.

Ms Waxman wants the duty written into the government's Courts and Tribunals Bill. In a statement she said: "The idea that rape victims must scream, physically resist or immediately report an offence is a well-established rape myth, rooted in outdated and harmful assumptions about how victims are expected to behave.

"That's why I am calling for a legal duty in the Courts and Tribunals Bill, requiring judges to direct juries on rape myths and misconceptions in every rape trial.

"Consistent judicial directions would help challenge stereotypes and improve understanding of trauma."

Her office acknowledges that judges already receive guidance on directing juries about myths and stereotypes in sexual offence cases, but argues the duty should be put in statute. No amendment to the Bill has been announced by the government.

Burnham has also faced questions over a 2014 social media post in which he, then an opposition frontbencher, expressed support for Brand during the comedian's dispute with The Sun. Asked about the post by the BBC, he said he had had no idea of the full extent of what Brand was doing or what he went on to do, GB News reported.

The Met began its investigation in September 2023 after allegations were broadcast by Channel 4's Dispatches and published by The Times and The Sunday Times. The force said detectives gathered evidence from more than 100 witnesses.

Two further rape allegations by two other women are under investigation, and Brand has been interviewed under caution about them. No charge has been brought in relation to either.

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