Woman One. Woman Two. Woman Three. Woman Four. Woman Five. Woman Six. We don’t know the names of Brand’s six accusers – sexual assault complainants are granted lifelong anonymity by the courts. But we know their courage.
The testimony of these women, connected only by their experiences of his abuse, laid bare what Guardian comedy writer Rachael Healy described to me as “the ultimate open secret”. Not all of them got the justice they sought: Brand was acquitted of two other rape charges and an attempted indecent assault.
Since the verdicts, police are bracing themselves for more accusers to come forward, with Brand now being investigated over rape allegations from two more women. Sources told the Guardian they fear the number of further victims is at least in “double digits”.
Having reported on rape trials and sat with survivors many times, I’d expected to feel more relief about last Thursday’s convictions. Perhaps it’s the echoes of those other women’s stories, especially those who didn’t get the outcome they wanted. Or the knowledge that a successful conviction doesn’t close the door on trauma. Or the weariness I heard from female friends this weekend at yet another powerful man, mainly protected by mainly other cowardly men.
Much was made of Brand’s comedy being “of its time”, steeped in Noughties lad culture. A decade hence, what will we look back and minimise as “of its time” in 2026? Non-fatal strangulation?
The trial
The trial was the culmination of a three-year inquiry by the Metropolitan police, launched in September 2023, two days after Brand was accused of rape, sexual assault and controlling and emotionally abusive behaviour by five women in a joint investigation by Channel 4 Dispatches, the Times and Sunday Times.
Indeed, Brand’s legal team tried to get the case thrown out before it began, arguing that he could not receive a fair trial because of the 2023 coverage. The judge dismissed this. Led by Ian Winter KC, the defence argued the investigations had “destroyed” Brand and “poisoned the well of justice”.
Following the verdicts, journalists witnessed Winter telling Rosamund Urwin, who led the investigation for the Sunday Times, “I hope you are pleased with yourself … You fucked it.”
He has since reported himself to his professional regulator.
Many more voices have praised the investigations as bolstering the argument for public interest journalism, at a time when it is increasingly under threat from litigious perpetrators.
The unprecedented media attention surrounding the trial gave the public a rare glimpse of the mechanics of rape prosecution.
Emine describes at least 20 journalists crammed into court 3 at Southwark crown court, with about 30 more spots in the overflow room and others watching the evidence online.
“Evidently not everyone was trained in UK media law, and they ended up crossing some legal lines,” Emine says. There was a moment of courtroom drama when the judge ordered the arrest of one of these bloggers, who had published identifying information about a victim. He was subsequently cautioned.
Jigsaw identification – different media outlets reporting details about a witness that, taken separately, are acceptable but when put together might indicate the individual’s identity – is a huge concern in heavily covered trials like this one and something Emine and colleagues were very conscious of. “As reporters, we all got together and discussed what we could and couldn’t say about each person.”
The rape myths
Another insight that may have shocked readers unfamiliar with such trials is how rape myths can be mobilised. “The cross-examination was uncomfortable and at times shocking,” Emine tells me.
Winter told jurors: “Not one of [the accusers] resisted or screamed or even tried to leave” as Brand was attacking them. “Basically he was saying they hadn’t resisted enough”, says Emine.
Sexual violence campaigners tell me how disheartening it has been to see rape myths perpetuated, when there is substantial research to show that reactions to assault can be counterintuitive. There are many reasons why women may freeze or find they can’t move or speak, including the body’s automatic response to fear. Women can delay reporting in case of not being taken seriously or being worried about risking their job if they challenge a more powerful perpetrator that they work with.
In the aftermath of the case, Met commissioner Mark Rowley and prime minister Andy Burnham have said they will consider calls to impose a legal duty requiring judges to issue directions to juries on rape myths, one which exists in Scotland already.
The world of comedy
Standup comedian Kate Smurthwaite was one of many women who spoke to Dispatches journalists about predatory behaviour by Brand and others. Since the #MeToo movement and high-profile cases like this one, she has seen incremental changes: more comedy green rooms signpost women to report predators to a designated person or offer to walk people to the station after the show. But she has doubts: “If the venue owner is obviously close friends with the man who has harassed you, is a piece of laminated A4 really going to protect you?”
Meanwhile, a section of the comedy circuit had reacted in the opposite direction. “Clubs boast that they champion “free speech” and welcome misogynist acts or performers making light of sexual violence. There are those who very loudly express support for Brand, Louis CK and others. If you’re the only woman on the bill, that can be intimidating”.
Meanwhile, there remain dozens of clubs and events that book “vanishingly small numbers of women”. Only when women are on half the bill and half the management in every comedy club, suggests Smurthwaite, will men “stop attacking us because they’ll be worried about the consequences for their careers”.
The enablers
As the extent of Brand’s offending unfolded, so did the staggering degree of enabling that accompanied it: the staff who escorted victims to his home, the colleagues who laughed along to his humiliation of other female coworkers, the executives who didn’t want to lose their cash cow.
“Who’s going to hold those enablers to account?” asks Rachael Healy, who has reported on the extent of sexual harassment and abuse across the comedy and television sectors and gave evidence about it to the Commons earlier this year. “We’ve seen it from individuals around him, but also from large organisations like TV channels and comedy clubs.”
Since Brand’s conviction, culture secretary Lisa Nandy has called for it to serve as a “wake-up call” to the media world and beyond. Jack Bayles, a prominent TV producer who was said in evidence to have “laughed” as Brand sexually assaulted a woman has now “stepped back” from his current job.
The question now, says Rachael, “is how do we prevent the next Russell Brand, which is a question for everyone, especially the potential enablers”.
Brand was a celebrity on the comedy club scene of the noughties. Photograph: Murdo MacLeod/The Guardian
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