Judge praised for taking down rape myths as Russell Brand gets 10 and a half years

The judge who put Russell Brand behind bars is getting applause from the people who fight sexual violence for a living. Mr Justice Bennathan handed the comedian a sentence of 10 and a half years on Monday for raping a woman and sexually assaulting three others. His remarks from the bench are now being quoted back at him — approvingly.

Bennathan didn't tiptoe. He told Brand that women keep the right to say no regardless of what they wear, where they go or what they drink, and that they can demand justice when predators act without consent. The Criminal Bar Association's chair Andrew Thomas KC and vice-chair Kama Melly KC welcomed what they called the statement's piercing clarity, saying rape myths must play no part in the culture or the courtrooms, and that blame lies entirely with the perpetrator.

Rape Crisis England & Wales chief executive Ciara Bergman called the remarks hugely important at the close of such a high-profile trial, and praised Bennathan for recognising the courage of the women who came forward and what they endured in court. She drew a hard contrast with Brand's defence barrister, Ian Winter KC, accusing him of pushing myths that a credible allegation requires a victim to have fought, screamed or reported immediately — something she said is simply not true, because people respond to the threat of assault in many valid ways.

The judge also aimed at Brand's entourage. He said companions who watched Brand sexually assault women at a radio station and a TV studio had treated it as outrageous laddish behaviour that only he could get away with — behaviour he described as a criminal sexual offence. Of the TV studio assault, Bennathan told Brand it showed staggering arrogance and how his entourage indulged his dreadful behaviour.

Bergman called those comments crucial, saying the case is about more than one man: it's about everyone who laughed along, stayed quiet or looked away, people who didn't commit his crimes but fed the culture that let him keep harming women with impunity. Deniz Uğur, deputy director of the End Violence Against Women Coalition, welcomed the judge's words too, saying rape myths played a significant role in the trial and influenced public discussion, and that institutions and individuals who enabled Brand's behaviour must be examined.

Labour's deputy leader, Lucy Powell, weighed in on Tuesday, calling Bennathan's sentencing remarks incredibly powerful and contrasting them with what she described as the depressing cross-examination of Brand's victims by Winter.