Brand Trial: Judge Swaps Indecent Assault Charge for Attempted Count Amidst New Testimony

Key points

• Mr Justice Bennathan ruled there was insufficient evidence to support the original indecent assault charge, which involved an alleged 2001 incident at MTV.
• The judge replaced the dismissed charge with a count of attempted indecent assault, to which Brand has pleaded not guilty.
• Brand’s defense team presented his 2023 police statements, where he admitted to a 'promiscuous' past but denied any non-consensual activity.
• Former personal assistant Helen Berger testified that Brand had an 'insane sexual appetite' and that his behavior was normalized by those around him.
• The prosecution argued that six women came forward independently with allegations of misconduct dating from 1999 to 2009.

Background

This trial follows a 2023 joint investigation by The Sunday Times and Channel 4’s 'Dispatches,' which brought public attention to allegations of rape, sexual assault, and emotional abuse against Brand. Previous coverage noted that the trial involves six women and spans a decade of alleged misconduct. Brand has consistently denied all charges, maintaining that all encounters were consensual.

How outlets are covering it

Variety and The Hollywood Reporter focused on the procedural change, highlighting Judge Bennathan’s decision to replace the indecent assault charge with an attempted count due to insufficient evidence. The BBC emphasized Brand’s police statements, where he described his past as 'promiscuous' but denied non-consensual activity, and criticized the 2023 documentary as 'defamatory and fictitious.' The Guardian provided a contrasting perspective through the testimony of former assistant Helen Berger, who described Brand’s 'insane sexual appetite' and the normalization of his behavior, while also noting she never witnessed him breaking the law. The outlets differ in emphasis: some focus on the legal procedural changes, while others highlight the character evidence and defense statements.

Why it matters

The dismissal of the indecent assault charge and its replacement with an attempted count could influence the jury’s perception of the evidence. The trial’s outcome may set a precedent for how historical sexual misconduct allegations are handled in UK courts, particularly when evidence is contested or deemed insufficient. Additionally, the testimony from Brand’s former assistant provides insight into the culture surrounding his behavior, which may affect public and legal perceptions of the case.

What to watch

The prosecution is expected to conclude its case on Wednesday morning, after which the defense will begin its presentation. The trial could last up to six weeks, with jurors to consider the remaining six charges, including three counts of rape and three of sexual assault. Brand’s legal team will likely focus on challenging the credibility of the accusers and emphasizing his defense of consensual encounters.