The Defense of Brand’s Character
Ian Winter KC told the Southwark crown court on Monday that Russell Brand is not a "psychopath who rapes people and thinks it’s normal." He argued that the 2023 reporting in a Channel 4 Dispatches documentary and Sunday Times stories "poisoned the wells" of justice by prompting women to come forward with accusations after the program aired. Winter used a quote from the philosopher John Henry Newman to describe the "unmanly attempt" by others to "cut the ground from under my feet" by poisoning those wells. He told jurors that the 2023 reports were produced in the hope and intention that other people would come forward to make allegations against the comedian. He questioned why, out of the many women that Brand had sex with during this period, only three of them say they did not consent to anal, oral, or vaginal sex. Winter also claimed the three rape complainants alleged Brand acted normally after the incidents, which he said cannot occur if he is guilty. He said Brand’s behavior suggests he genuinely believed they were consenting because he sought "approbation and adoration" from women. I find his attempt to use the 2023 media coverage to claim the complainants are "thoroughly contaminated" by publicity to be a direct attack on the validity of their testimony.
Rebutting the Prosecution
Prosecutor Riel Karmy-Jones KC denied that the 2023 reporting had a "subliminal hold" on the minds of the six women to make them "invent, reimagine, recharacterise, recast" their encounters. She argued the defense presented "a lot of half-truths" that were "spun into lies." Winter countered that Brand’s highly promiscuous life is entirely lawful, stating that even if people find it "disgusting, distasteful, immoral," it is irrelevant to the jury. He also criticized the prosecution for using Brand’s 2007 memoir, "My Booky Wook," as evidence. He noted that the book contains jokes and that the jury should not use what he wrote eight years after the event to judge his actions in 1999. He added that the 90-minute program was one-sided and was produced in a dramatic manner. He also said Brand only received a "right of reply" to protect the journalists’ defamation risk. Winter also accused the prosecution of "desperation" after they used the memoir as evidence. He told the jury to put all condemnation out of their minds and apply "pure, cold logic" to the question of whether they are sure on the evidence. I see the prosecution’s use of a book written years later as a weak way to establish intent.
The 1999 Allegation and Current Charges
The earliest allegation against the 51-year-old comedian dates to 1999, involving a woman at a Labour party conference in Bournemouth who said Brand raped her. The woman told the court Brand left his email address after the incident. Winter told the court the woman was not a "naive and wilting flower" and argued that Brand was simply trying to please her. He said that rapists do not leave their addresses or photographs and that Brand’s behavior suggests he was seeking "approbation and adoration" from women. He argued that Brand respects it when a woman says no, which makes him someone who is not a rapist. One complainant, who alleges Brand anally raped her following consensual sex in 2009, testified that she watched the Channel 4 documentary. Brand faces seven offences: three counts of rape, three counts of sexual assault, and one count of attempted indecent assault. On Tuesday, an allegation of indecent assault was changed to a charge of attempted indecent assault. Brand denies all charges, having pleaded not guilty to the three counts of rape, three counts of sexual assault, and one count of attempted indecent assault.
