UK government adviser urges transparency in sexual assault trials after Brand case

Hohl told the Guardian that “so many things are going wrong in our justice system when it comes to the treatment of victims of rape and sexual assault, but most of the time no one ever finds out what has happened during the investigation process or during a trial”. She said that despite “significant progress” by police and the Crown Prosecution Service under Operation Soteria, which focuses investigations on suspects rather than victim behaviour, the court system was being left behind.

A report published by Hohl last month suggested that sexual assault cases prepared under the new system were experiencing “a cliff edge” when they came to trial, potentially encountering practices such as the use of rape myths by defence barristers. “We essentially know very little about how rape and sexual assault cases play out in England and Wales and it is time to pull back the curtain,” she said. “We need proper research into the actions of barristers, judges and juries during trials so that victims can actually get the justice the law says they should achieve.”

During the Brand trial, which saw the comedian sentenced to more than 10 years in prison after he was found guilty of raping one woman and sexually assaulting three others, his barrister Ian Winter said Brand’s accusers had not “resisted or screamed or even tried to leave”. The victims commissioner, Claire Waxman, has called for a new legal duty on judges to direct juries if rape myths have been raised, stating: “Justice must be grounded in evidence, not misconceptions.”

Separately, Mia Latter, who says she was in an abusive relationship with Brand when he was 30 and she was 16, is campaigning for a “staggered” age of consent that would make it illegal for adults over a certain age to have sex with 16- and 17-year-olds. Speaking to the BBC’s Sunday with Laura Kuenssberg, work and pensions secretary Pat McFadden said the question had “been raised and will be discussed”, adding: “[I] can’t tell you what the conclusion of that would be, but the last week has certainly put that up in lights.”

Since the trial, Rape Crisis centres have reported “very significant demand”, said chief executive Ciara Bergman. Bergman said calls to the 24/7 support line had quadrupled since the start of the month. Bergman said many women were questioning their own experiences with older men, after separate allegations were made public that David Walliams preyed on young women for sex; Walliams denies wrongdoing. A Ministry of Justice spokesperson said the government was “always looking at ways we can improve how the justice system treats victims of sexual violence”, pointing to planned law changes to stop irrelevant evidence based on myths and a £550m investment in support services.