Russell Brand's barrister slammed for 'shameful' remarks on rape as he sought lesser sentence


Two Cabinet ministers heavily criticised Ian Winter KC and suggested his comments in court was the type of conduct which could discourage rape victims from coming forward to contact police about alleged offences.

Russell Brand showed no emotion as he received his sentence
PA Wire
The lawyer asked the judge to sentence Brand, 51, on the "lesser basis" that the rape was "quite a short … momentary total failure to respect her consent", during which his condom was removed.
He also said: “This should be regarded as a man who went too far and overrode consent that had been given.”
Women and Equalities Minister Bridget Phillipson tore into his remarks.
“These comments are shameful, and a callous trivialisation of the experiences of women everywhere who have experienced sexual violence,” she told The Times.
"It is precisely because of characterisations such as this one that women so often fear they will not be believed, and so often choose not to come forward.
“It has to stop."

Bridget Phillipson and Lucy Powell (PA)
Education Secretary Lucy Powell told Sky News: “To hear what we've heard in terms of some of the accounts from the courtroom, in the way in which the victims themselves were cross-examined and treated, I find that incredibly depressing because I thought we were past that era.
“So whatever more we need to do to continue to change this culture and ensure that victims are supported safely in coming forward, because that's exactly the kind of environment that puts people off bringing these charges and coming forward in the first place.”
She later told LBC Radio: “This kind of victim blaming, these myths around rape, which we have given clearer guidance about, and we have taken steps to really take out of the system.
“But clearly, a lot more needs to be done because I think many of us were really shocked that that could still take place in a courtroom today.”

Russell Brand has begun his 10-and-a-half-year jail term for rape and sexual assault
PA Wire
During the case, Mr Winter had put forward arguments that the comedian could not be a rapist as his accusers had not “resisted or screamed or even tried to leave”.
Referring to a woman Brand sexually assaulted at a Soho bar in 2004, Winter told the court in mitigation: "She was not particularly vulnerable at all. Being tipsy is not something that gave rise to vulnerability and there's no evidence the defendant knew she was tipsy so to be vulnerable."
Metropolitan Police Commissioner Sir Mark Rowley said what he heard reported from Brand’s trial came very close to “victim blaming”.
At sentencing, judge Mr Justice Bennathan stressed: "Whatever women wear, wherever they go, indeed whatever they drink, they retain the right to say no."
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