Prosecution calls for long jail term as Russell Brand is sentenced for rape and sexual assault – latest updates | UK news
Recap
A quick recap of the arguments both sides have made. Brand’s lawyers are looking for a more lenient sentence, the prosecution has called for serious category one term.
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Karmy-Jones KC pushed for Brand to receive a sentence of 10-15 years for the rape conviction, arguing that his crimes warranted such a level of punishment because of how he had abused his position, and then further degraded and humiliated his victims.
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She said Brand had the view that he could abuse without impunity and he must bear some responsibility for the culture around him which enabled his offending for years.
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Karmy-Jones read out three victim impact statements from the women abused by Brand. All described the debilitating impacts of his violence, and how it had damaged their relationships, careers, their feelings of self-worth and confidence and their day-to-day existence.
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One woman delivering her statement in person to the judge. She said she had carried around “that undeserved feeling of shame” for 20 years.
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All of the victims said they still carried the trauma with them to this day, and relayed the stressful experience of going to court to bring him to justice.
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Brand’s lawyer, Ian Winter KC, argued that Brand was a fundamentally changed man these days.
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He said the crimes had occurred 17 years ago, and had been “isolated incidents”. He described the rape that Brand has been convicted for as a “short and momentary failure” of consent.
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Winter said any major sentence given out to Brand would have a “catastrophic” impact on his young family and urged Judge Bennathan to show mercy.
Key events
Prosecutor Riel Karmy-Jones KC has asked Judge Bennathan for a category one sentence – where prison terms begin at 12 years, but have a range of 10-15 years depending on aggravating or ameliorating factors.
But she noted too that if the court didn’t agree with that category, the next level down, a category two sentence would have a starting point of eight years, with a range of seven-nine years.
Brand’s lawyer Ian Winter KC, pushed for a much more lenient punishment, a sentencing between category two and three.
Another detail revealed during Brand’s lawyers argument earlier was that one of the character testimonies given to the court came from the woman at the centre of the ‘Sachsgate’ scandal.
Brand built a career, partly based on this image where he would brag about his sexual exploits and pursuits of women.
In 2008, he was the host of a BBC show where and Jonathan Ross left voicemails on Fawlty Towers actor Andrew Sach’s phone, saying that Brand had slept with Sach’s grand-daughter Georgina Baillie.
Brand subsequently left the BBC after the disgraceful prank and Ross was suspended.
Now, it’s been revealed that Baillie was one of six people who gave character references in support of Brand. She said he had helped paid for her alcohol rehab programme.
Brand’s lawyer Ian Winter read out some of her statement:“I still choose to support him as a person I know him to be.”
I’m just going to run through some other details the prosecution highlighted as “aggravating” factors, when presenting the case to the judge that Brand should receive the most serious category one level of sentencing.
In the case of the rape – where Brand removed his condom and anally penetrated a then-21-year-old fan at his home and then dismissed her afterwards, calling her “dirty” in follow-up messages – the prosecutor argued Brand knew of the young woman’s idolisation of him and abused that position of trust.
His victim was worried for months afterwards that she may have contracted HIV from him.
Karmy-Jones KC noted how he had pursued conversations with the “vulnerable young woman,” offering her advice on the problems she was having with her boyfriend at the time.
When Brand learned that she and her boyfriend had separated, he told her he would look out for her, that he would hold her.
“The court will wish to consider whether this introduces an element of abuse, of trust and manipulation”, said Karmy-Jones.
Recap
A quick recap of the arguments both sides have made. Brand’s lawyers are looking for a more lenient sentence, the prosecution has called for serious category one term.
-
Karmy-Jones KC pushed for Brand to receive a sentence of 10-15 years for the rape conviction, arguing that his crimes warranted such a level of punishment because of how he had abused his position, and then further degraded and humiliated his victims.
-
She said Brand had the view that he could abuse without impunity and he must bear some responsibility for the culture around him which enabled his offending for years.
-
Karmy-Jones read out three victim impact statements from the women abused by Brand. All described the debilitating impacts of his violence, and how it had damaged their relationships, careers, their feelings of self-worth and confidence and their day-to-day existence.
-
One woman delivering her statement in person to the judge. She said she had carried around “that undeserved feeling of shame” for 20 years.
-
All of the victims said they still carried the trauma with them to this day, and relayed the stressful experience of going to court to bring him to justice.
-
Brand’s lawyer, Ian Winter KC, argued that Brand was a fundamentally changed man these days.
-
He said the crimes had occurred 17 years ago, and had been “isolated incidents”. He described the rape that Brand has been convicted for as a “short and momentary failure” of consent.
-
Winter said any major sentence given out to Brand would have a “catastrophic” impact on his young family and urged Judge Bennathan to show mercy.
Both arguments have been made now. The judge has now adjourned to court to go and consider his sentencing decision.
He will be back at 2pm to deliver his remarks, which will be televised.
Winter is speaking at length about Brand’s rehabilitation and his religious care efforts in recent years.
He had concluded an earlier section of his argument by beseeching the judge to pass the sentencing judgement on the basis of Brand’s good character. He called Brand a “fundamentally different person today” and has pointed out the rapes and sexual assaults he has been convicted of took place 17 years ago.
“There is a side to Mr Brand that very few people know about,” he says, and notes that “a large number of people” have come forward to the defence team speaking of his good deeds. But he admits none of them wanted to go on the record or tell a court of this.
Winter concludes by urging the judge to sentence Brand, who he says is not the “monster portrayed outside this courtroom”, and to consider the “catastrophic” impact his jailing will have on his young children.
Brand’s lawyer: ‘We invite mercy’
Brand’s lawyer also pushes for the lower end of sentencing for the three sexual assault offences.
He turns to mitigating factors, and raises the “total devastation” experienced by Mrs Brand and the couple’s young children.
He entreats Justice Bennathan to show compassion and “we invite mercy”.
Defence says anal rape ‘a short and momentary failure’ by Brand
Winter argues that the judge should only confer sentencing on the rape offence for the “short and momentary failure” by Brand where he “did not respect her consent in two areas 1.) to be limited to vaginal sex and 2.) requiring the condom on throughout.”
He says that the woman had gone to Brand’s house to engage in consensual vaginal sex with him and so the former actor should only be sentenced on the anal rape.
He also argues that there wasn’t additional degradation or humiliation of the victim, saying the instances where Brand called her dirty after the attack, and inspected her for showering and teeth cleaning, and also told her to clean the sheets were not examples of behaviour that would make the crime more serious.
He says the offending does not fall within category one or category two sentencing, and says it should be considered between category two and three. A reminder that the prosecution has pushed for category one sentencing starting at 12 years.
“This should be regarded as a man who went too far, overrode the consent that was given in two respects, moving to the anus without consent, and removing the condom…. there was no planning, no premediation,” says Winter.
Defence barrister argues Brand’s crimes were ‘isolated incidents’
Brand’s lawyer is now delivering mitigating remarks to try and reduce Brand’s sentence.
He opens by saying that Brand has been a changed man since 2015, and the incidents had taken place while he was becoming famous and reaching the heights of his career.
Ian Winter KC says Brand is not the rapist as he’s been portrayed and says the attacks were all “isolated incidents”.
He notes that the last incident for which Brand has been convicted took place soon before he met his first wife, popstar Katy Perry.
Judge Bennathan agrees that Brand’s status as a celebrity amplified the pain and hurt felt by his victims, as we’ve heard in the victim statements, because they had to see him regularly in media appearances.
He also agrees with Karmy-Jones’ assessment that several of the women worked in the same industry as Brand, so he was even harder to escape from.
For the other sexual assault offences Brand has been convicted of, Karmy-Jones has asked for custodial sentences of 1-4 years for each count.
Prosecutors request 10 to 15-year sentence for rape conviction
Karmy-Jones has asked for a category one sentencing length for the rape conviction.
The gravity of such an offence carries a starting point of 12 years custody and a range of 10-15 years.
Karmy-Jones says Brand’s manipulation of the young woman, and his degrading treatment of her afterwards caused her severe psychological harm, warranting the more serious penalty.
Mr Brand abused the influence and power that came with his fame. He used it to facilitate an access to women without which the offending could not have taken place.
It also fed his own view that he could commit such offences with impunity.
This defendant must bear some responsibility for the culture of tolerance that existed around him which enabled his offending to continue for a number of years.
Prosecutor says Brand’s crimes caused ‘severe psychological harm’
Karmy-Jones is arguing for the judge to consider the most serious category of sentencing for Brand, noting the “extreme impact” of his crimes on his victims.
She goes through the “severe psychological harm” caused by Brand, outlining how the rape victim feared she had contracted HIV from Brand after the attack after he removed the condom without permission.
She says Brand subjected her to further degrading treatment after the rape, telling her to clean up the aftermath and also getting his driver to remove her from his house.
Karmy-Jones notes the age difference- the victim was 21 at the time – and Brand knew that she had idolised him, and was ‘star struck’.
Karmy- Jones says Brand knowingly exploited this by pursuing her through texts, phone calls and persuading her to meet up with him at his house, where he raped her.
Brand’s public profile meant ‘he remained present in my life’ after rape, says victim
The woman raped by Brand says she had to take time off work and returned to live with her parents because she felt so unsafe. She struggled to eat and sleep after the attack, she felt humiliated and overwhelmed.
Because he had such an immense public profile, she found it difficult to speak out. She said she didn’t know who she could trust or confide in.
“I felt that if I reported him, I would not be believed. His fame, wealth and influence created a power imbalance which made me feel powerless.
“I did not have the confidence to challenge someone who appeared so powerful, rich and influential.
“His public profile meant he remained present in my life even when I wanted to move on.”
Rape victim abandoned comedy dream, abused alcohol to cope after attack
There are common refrains about loss of confidence and self-worth, and feeling on edge and in danger in public spaces.
The woman who was raped by Brand said that before the attack she had wanted to pursue a career as a stand-up comedian but abandoned that path afterwards.
The rape affected her day to day life. “I became hyper vigilant and frequently found myself analysing the behaviour of others.”
She says there were periods where she increased her alcohol consumption “to block out my feelings and memories”.
She says she suffered immense distress and anguish, from both the attack, as Brand’s profile rose, and also since, in pursuing a legal case.
“The consequences of what happened have affected almost every aspect of my life. Even now, I continue to experience anxiety, difficulties with trust, reduced confidence and the lasting effects of trauma.
“What happened is not something that I have simply been able to move on from.”
Judge Bennathan thanked the woman for coming to court to relay her statement in front of so many people.
Karmy-Jones KC is reading out the other victim impact statements from other women.
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