Russell Brand trial could lead to change in law

Russell Brand is going to prison for years. His barrister is also in trouble. A defence barrister is entitled to represent their client fearlessly, test prosecution evidence, and challenge witness credibility where appropriate. However, the conduct of Brand’s KC, Ian Winter, will now be scrutinised by the Bar watchdog.Winter’s defence leaned on rape myths during the trial. Then, after the verdicts, he accosted journalist Rosamund Urwin (who first exposed Brand’s criminality), telling her: “I hope you are pleased withyourself… You f**ked it… Congratulations.” It was an extraordinary, outrageous outburst – I cannot recall another like it – in which the KC appeared to question the integrity of the jury’s guilty verdicts. He has reported himself to the Bar Standards Board, bowing to the inevitable. Detective Inspector Laura Nelson, the senior investigating officer, was clear that reporting played a vital role in bringing Brand to justice: “The police investigation was prompted by the journalism.” Russell Brand faces rape and sexual assault charges (Photo: Zeynep Demir/Getty) During the trial, Winter’s defence strategy repeated rape myths. Why didn’t she scream? Why didn’t she fight back? Why didn’t she run away? Why didn’t she slap him? Why didn’t she “stand up for herself”? Why did she wait so long to report the attack? Each of these risks misconceptions about consent and trauma – and victim blaming. Little wonder so few women have confidence in the legal system to deliver justice against rapists and predators like Brand.As Ciara Bergman explains: “These were all introduced as ways of discrediting the survivors and/or introducing doubt into the minds of jurors.” Now, the victims’ commissioner will try to update the law to ensure juries are warned about the use of rape myths in court. The Met chief supports her in this. The Crown Prosecution Service already has clear guidance on rape myths. So perhaps Winter should re-read their guidance while he awaits the regulator’s decision on his own conduct. EXPLORE MORE ON THE TOPICS IN THIS STORY