Judge Bennathan lauded for dismantling rape myths in Russell Brand sentencing
Legal experts and campaign groups have praised the judge who sentenced Russell Brand for his clear rejection of rape myths and his criticism of the enablers who witnessed the assaults.
By Hassan Ellis ·
Mr Justice Bennathan has received widespread acclaim for his sentencing remarks in the case of comedian Russell Brand, with legal experts and advocacy groups praising his clear rejection of common misconceptions surrounding sexual violence. The judge handed down a sentence of ten and a half years on Monday for Brand, who was convicted of raping one woman and sexually assaulting three others. His comments were noted for their directness in addressing the cultural narratives that often complicate such trials.
In his remarks, Bennathan emphasized that a person's right to consent is absolute, regardless of their attire, location, or consumption of alcohol. He stated that women retain the right to say no and to seek justice when sexual predators act without their consent. This message was delivered with what observers described as piercing clarity, aiming to settle debates about the validity of victims' accounts.
Andrew Thomas KC, chair of the Criminal Bar Association, and vice-chair Kama Melly KC, welcomed the judge's stance. They argued that myths about rape and sexual assault should have no place in courtroom culture, noting that blame lies entirely with the perpetrator. They added that the verdicts in this high-profile case demonstrate that a properly directed jury is not easily swayed by a defendant's appeals to these misconceptions.
Ciara Bergman, chief executive of Rape Crisis England & Wales, described the remarks as hugely important. She highlighted that the judge upheld women's rights and recognized the courage of the women who came forward. Bergman contrasted these sentiments with the defense strategy, which she said relied on outdated notions that victims must fight, scream, or report immediately for their allegations to be credible. She stressed that there are many valid ways people respond to the threat of sexual assault.
The judge also addressed the role of witnesses who observed the assaults, referring to them as enablers. Bennathan noted that companions at a radio station may have viewed the behavior as laddish, but it was also a criminal sexual offence. He told Brand that he had not gotten away with it, pointing out the arrogance displayed during an incident at a television studio where his entourage indulged his behavior.
Deniz Uğur, deputy director of the End Violence Against Women Coalition, supported the judge's comments, stating that rape myths should be prohibited in such proceedings. She noted that these myths had a significant role in the trial and influenced public discussion. Uğur emphasized the profound effect this has on survivors who face victim blaming in their daily lives and online, adding that it is critically important to examine the institutions and individuals that enabled Brand's conduct.
Political figures also weighed in on the sentencing. Lucy Powell, Labour's deputy leader, praised Bennathan's remarks on Tuesday as incredibly powerful. She drew a contrast between the judge's statements and what she described as the depressing nature of the cross-examination conducted by Brand's barrister, Ian Winter KC. Powell's comments underscored the relief felt by many regarding the tone of the final judicial pronouncement.
Bergman further described the comments on the enablers as crucial. She argued that the case is about more than just one man, but rather about everyone who laughed, looked away, or failed to speak up. While these bystanders may not have committed the crimes themselves, Bergman said they contributed to a culture that allowed Brand to harm other women with impunity for a long period.
The sentencing has sparked broader conversations about the legal system's approach to sexual violence cases. By explicitly naming the myths and the behavior of those around the defendant, the judge provided a framework for understanding how such crimes are perpetuated. The reaction from legal and advocacy circles suggests that these remarks will be referenced in future discussions about how sexual assault cases are handled and perceived in the UK.
