Julie Bindel on Russell Brand’s ‘Trial by Media’: How a Broken Justice System Forces Women to Share Their Struggles Publicly

Why Reporting Rape to the Police is So Difficult: The Frustrating Reality of Seeking Justice

At the age of 17, I became a passionate feminist campaigner, driven by the desire to create a world where women can feel safe and be heard. Now, at 61 years old, I continue to fight for these basic rights that seem infuriatingly out of reach.

It breaks my heart that even today, advising a woman who has been raped to report it to the police is an incredibly difficult task. My younger self would be appalled. However, unless a woman fits the perfect rape victim image—sober, conservatively dressed, assaulted by a stranger, ideally with additional violence involved, and backed by witnesses or CCTV footage—reporting the crime can often worsen her feelings of helplessness and despair.

Currently, social media is ablaze with people vehemently arguing that the recent allegations against Russell Brand constitute trial by media. They claim that by going public with their stories, these women have denied Brand the chance of a fair trial, and question the principle of ‘innocent until proven guilty’. Sadly, they miss the point entirely.

Instead of making snap judgments, these critics should pause for a moment and consider why these rape survivors chose to speak to the press rather than the police. Why is there such little faith in a justice system that is meant to deter rapists and provide justice to victims? The answer is disheartening.

When a woman reports a rape to the police, the chances of the perpetrator being charged, prosecuted, and convicted are a mere one percent. Yes, you read that correctly—only one percent of reported rapes result in a conviction. Even if the police believe the victim and have enough evidence to proceed, it doesn’t guarantee a court case.

In 2021, a record-breaking 67,125 rape offenses were recorded—yet, only five percent of those resulted in a charge. Moreover, even if the case reaches the trial phase, the Crown Prosecution Service (CPS) is so focused on securing convictions that it only prosecutes cases with a strong chance of success. Juries, too, are hesitant to convict if the victim knows her attacker, a scenario that accounts for around 80 percent of rape cases.

Furthermore, if the accused is wealthy, famous, or physically attractive—making it difficult for the jury to believe they would need to force someone into sex—chances are they will never face trial. This false narrative that only socially awkward or physically unattractive men commit rape exacerbates the problem and helps no one.

Let’s consider the statistics: one in four women in England and Wales has experienced sexual assault or rape. Either a very small number of men are responsible for assaulting a significant proportion of women, or rape is a choice made by many men, driven more by power than by sexual desire. The answer is evident.

Moreover, if a woman doesn’t arrive at the police station visibly battered and bruised, it becomes challenging to prove that she was forced into sex. Shockingly, even violent pornography that portrays women being choked, spat on, and beaten during sex is used by the defense to argue that the victim consented to rough sex. The victim is essentially blamed for the crime inflicted upon her.

Over the years, I’ve campaigned alongside women who have reported their wealthy or famous rapists, only to face threats and lawsuits for defamation of character. The fear of retaliation and the lack of trust in the justice system compel some women to never turn to the police.

Moreover, it is a stark reality that some police officers themselves have a history of sexual violence. The Metropolitan Police, for instance, currently investigates around 450 cases after a review revealed that officers faced allegations of domestic or sexual violence without facing any consequences.

But let’s say that you are one of the “lucky” few whose attacker does end up on trial. The ordeal is far from over. The risk of being traumatized all over again, as your attacker’s legal team tries to prove that you were not raped at all, is ever-present. The victim is forced to confront her attacker, sometimes behind a screen, and endure the scrutinizing gazes of the jury.

While there are restrictions in place regarding a woman’s previous sexual history, suggestions that she “asked for it” still arise. Cross-examinations by the rapist’s defense barrister are often brutal and devastating, compounding the trauma experienced by the victim.

Contrary to what some may believe, the majority of rape victims do not emerge from the ordeal thinking about due process. Instead, they go home, take scalding hot showers, and hope to someday forget what happened to them. Many victims never fully recover, and the psychological damage can lead them to resort to substance abuse or engage in criminal behavior.

Shockingly, rape victims are more likely to end up with a criminal record—or even in prison—than their attackers. This unfortunate reality makes it seem as though rape has been decriminalized.

Therefore, it should come as no surprise that women turn to journalists and newspaper lawyers rather than the police. Media outlets, after carefully examining the evidence and ensuring its legal validity, publish these incendiary claims. It is no wonder that more women will likely come forward, as these outlets are effectively taking on the role that should be fulfilled by the justice system—a fact that should shame the system itself.

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