The judge who sentenced Russell Brand has been praised for dispelling rape myths with “piercing clarity”.
Mr Justice Bennathan’s sentencing remarks were particularly welcomed given that rape myths had played a part in the trial. He was also lauded for calling out “enablers” who witnessed sexual assaults by the comedian.
Sentencing Brand to 10 and a half years on Monday for raping a woman and sexually assaulting three others, Bennathan said: “Whatever women wear, wherever they go, indeed whatever they drink, they retain the right to say no and to demand justice from the criminal courts when sexual predators like you, Russell Brand, act without their consent.”
Andrew Thomas KC, the chair of the Criminal Bar Association, and Kama Melly KC, its vice-chair, said: “We welcome the piercing clarity of the judge’s statement. Myths about rape and sexual assault must play no part in our culture or in our courtrooms. Raping or sexually assaulting someone is a crime, and blame lies entirely with the perpetrator.
“Victims of sexual violence should know that when they go to the prosecution authorities, their evidence will be judged fairly and properly. As the verdicts in Russell Brand’s case show, a properly directed jury will not be put off by a defendant’s appeal to rape myths.”
Ciara Bergman, the chief executive of Rape Crisis England & Wales, said Bennathan’s remarks were “hugely important” at the end of such a high-profile trial. “We’re pleased he emphasised and upheld women’s rights and freedoms, and recognised the profound courage of the women who came forward, and what they endured during the trial, too,” she said.
“This recognition stands in stark contrast to the appalling accusations made by Brand’s defence barrister, who perpetuated myths, misconceptions and conceptions about rape, such as needing to have fought, screamed or reported immediately for it to be considered a credible allegation. Of course this is not the case; there are a range of ways in which people respond to the threat of an imminent sexual assault and all of them are valid.”
A sketch of Russell Brand listening to a victim impact statement during his sentencing hearing on Monday. Photograph: Elizabeth Cook/PA
Deniz Uğur, the deputy director of the End Violence Against Women Coalition, said rape myths should be prohibited. “The judge’s comments are welcome given the significant role that rape myths played in this trial, which in turn have influenced public discussions about the case,” she said. “This will be having a profound effect not only on the women involved in this case, but on survivors exposed to victim-blaming and misconceptions online and in their daily lives.”
On Tuesday, Labour’s deputy leader, Lucy Powell, praised Bennathan’s “incredibly powerful” sentencing remarks, contrasting them with the “depressing” nature of the cross-examination of Brand’s victims by his barrister, Ian Winter KC.
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The judge also took aim at Brand’s “enablers” who witnessed Brand sexually assault women in front of them at a radio station and TV studio. He said of the former incident: “No doubt your companions thought it was outrageous laddish behaviour that only you could get away with. It was outrageous and possibly laddish, but also a criminal sexual offence, and as it turns out you haven’t got away with it.”
Bennathan told Brand the assault at the TV studio showed “your staggering arrogance, and it shows how your entourage indulged your dreadful behaviour”.
Bergman described the comments as “crucial”, adding: “This case and the national response to it is about more than just one man, it is about everyone who laughed along, didn’t speak up and/or looked away, even when it was happening right in front of them. They may not have committed Brand’s crimes, but they contributed to the culture that meant he went on harming other women with impunity for so long.”
Uğur similarly welcomed Bennathan’s remarks, saying it was “critically important to look at the many institutions and individuals that enabled [Brand’s] behaviour”.
Information and support for anyone affected by rape or sexual abuse issues is available from the following organisations. In the UK, Rape Crisis offers support on 0808 500 2222 in England and Wales, 0808 801 0302 in Scotland, or 0800 0246 991 in Northern Ireland. In the US, Rainn offers support on 800-656-4673. In Australia, support is available at 1800Respect (1800 737 732). Other international helplines can be found at ibiblio.org/rcip/internl.html
