The dangerous rape myth that Russell Brand’s barrister brought to his sentencing

Head of Policy and Public Affairs for Rape Crisis England and Wales Russell Brand was sentenced to over 10 years in prison and will likely serve around two thirds of his sentence – although this is subject to change, with more women coming forward and reporting the sexual abuse meted out to them by Brand. During his sentencing, Brand’s defence barrister relied on an array of rape myths and stereotypes about how women should respond to sexual abuse, such as describing one of the women as “not particularly vulnerable”. This point is worth some reflection. In Rape Crisis Centres across the country, we see all kinds of women and girls. Every type. From very little girls to women in their 80s and above. Rural women, city girls. Sober women, those who drink. Big women, small women, from everywhere and anywhere. We see troubled and traumatised women and girls, and we see confident and strong women and girls – these characteristics are not mutually exclusive. The reality is, you can be strong and empowered yet still be subjected to male violence. No one is inherently vulnerable. We are made vulnerable by entitled and predatory men, systemic misogyny and rape culture. We are all made vulnerable by objectification, sexualisation, and ultimately male violence. This is very uncomfortable for many – we want to believe there is something we can do to prevent being harmed. Many people also want to believe that it is possible to anticipate rape or any other form of sexual violence, a way that we can keep ourselves safe. But can we really expect women to conduct a risk assessment every time they enter a relationship, go on a date, accept an invitation or visit someone’s home? Even when they take all these measures, men often still find ways to inflict sexual violence. We need to refocus by asking the right question of perpetrators and not survivors. Why did he do it, and why didn’t he stop? Why did he not obtain consent? What are our societal standards and conditions that have enabled him to rape and sexually abuse with impunity for years? And what does it say of women’s dignity and freedom, when those who knew or suspected sexual abuse could trade it in so easily for the purposes of not rocking the boat, not getting involved in other’s business. We have to ask, what does it say about our understanding of women and girls’ status in society if a woman can be raped, a jury can convict the man who raped her, and the defence still suggests that she wasn’t really “vulnerable” enough? The answer is that despite years of progress and the advancement of women’s rights in many arenas, when it comes to violence, women and girls are still subjugated by men and institutions that were built around their interests. Following the verdict of Brand, Prime Minister Andy Burnham said rape trials should not leave women feeling as though they are the ones on trial and promised to look at how these cases are conducted. He is right to do so. He also acknowledged that there is “a lot more that needs to change”. And there are changes which would have a tangible impact. We want to see judges taking a more robust approach when rape myths are deployed by barristers in court . We want to see meaningful consequences such as professional sanctions or penalties when advocates rely on myths and stereotypes that have long been discredited by research on trauma and survival. We also want to see specialist juries, or at minimum, training for juries on rape and sexual offence trials. We also need a social reckoning independent of the criminal justice system. Brand and other high-profile perpetrators still have platforms, accessed by millions and supported by millions. The duty to challenge sexual violence belongs to all of us: in our workplaces, institutions, friendships and homes. That means challenging the everyday excuses made for men’s behaviour, refusing to trade women’s basic rights for someone else’s reputation. Women and girls should not have to organise their lives around the threat of male violence. Our collective responsibility is to challenge the behaviour and the conditions that allow it to flourish.