UK - Ched Evans for rape of 19yo woman, Rhuddlan, Denbighshire, 2011

  • #81
Having never been in court for an actual trial, I always wonder if they actually speak as smarmily as it comes across when written or if it's the reporters interpretation of it ...

It's quite upsetting to see the amount of knuckle draggers already baying for the victims blood (she should be jailed, outed, paraded naked through the streets, shamed and shot) IF Evans is found not guilty ... many wrongly stating that she 'cried rape to get compo' ... it makes me feel physically sick and filled with despair :(
 
  • #82
The defence barrister said: “So, what happened after sex?

“The prosecution case is that Mr Evans left through the fire exit for a sinister reason.

“What would be the point of that when Mr Evans had given all of his details - address, bank details, driving licence.

“He was entirely traceable. There would have been no reason to do that.”

She added: “Mr Medland said he was avoiding being filmed, but as the defendant pointed out, he was filmed.”

Ms Khan suggested he did not want to walk out with Clayton McDonald because he had booked the room for one person, not two.

She added: “If the suggestion is being made, and it is a serious suggestion, that he was sneaking out because something untoward had happened in that room, the last thing he would have done is to leave through two doors that said they were alarmed.”

The defence barrister is now addressing the jury about the complainant’s sexual behaviour with others.

She said: “What Mr Evans described is how others describe it.

“There are common features, like her saying ‘f*** me harder’ and ‘go harder’, taking control and changing positions.”

Two witnesses gave evidence regarding relationships with the alleged victim.

Prosecutor Simon Medland QC emphasised there were inconsistencies in their statements.

Ms Khan said: “If you put yourself in the shoes of those men and a solicitor rings you up, you will give the details you are asked for.

“What Mr Medland says - if it’s not in the statement, it’s a lie - is a fallacy.”

Two men gave evidence about sexual relationships with the complainant - we can’t name either for legal reasons.

Prosecutor Simon Medland QC suggested they were both motivated by a £50,000 reward.

The court heard the reward was advertised on the Ched Evans website for information that could lead to his acquittal.

Referring to the first of those witnesses, Ms Khan said: “Why would he lie? It’s suggested he was in it for the money.”

She emphasised he had no criminal record.

She added: “You are asked to believe he has chosen to perjure himself and pervert the course of justice.”

Ms Khan said the witness approached the police with information before the post about the reward was published on the website.

When asked why he had come to court, the man said: “Because I think she [the complainant] is lying.”

The defence barrister added: “It is not about the money at all. He gave a wholly credible account.”

Ms Khan said: “The suggestion that these men were telling lies for money is simply not right.”

She suggested if they had been lying deliberately, there would have been “an easier lie” they could have told to help the defendant.

The defence barrister said: “Their evidence undermines the prosecution case.

“[The complainant] liked to engage in sex at that time. She did so two days before, she did so two weeks after.

“It was consensual two days before, it was consensual two weeks after and it was consensual on the night in question.”


http://www.dailypost.co.uk/news/north-wales-news/live-jury-ched-evans-rape-12017943
 
  • #83
The defence barrister reminded the jury Evans is “in their charge”.

She said: “You don’t just look at the prosecution case, you look at what he had to say.”

Ms Khan reminded the jury Evans said in evidence : “I would never hurt a girl. I would never take advantage of a girl who was not consenting.”

She added: “We suggest it is time to dispel the myth - memory blackout does not equal lack of capacity, lack of consent.”

Ending her speech, she told the jury: “If you think at the conclusion that Mr Evans is not guilty then, of course, the right verdict is not guilty.

“If you think he is probably not guilty, the right verdict is still not guilty. Even if you think he is probably guilty, the right verdict is still not guilty.

“It is only if you are sure of guilt you can convict. We submit that on this evidence, you are a million miles away. We submit that the right verdict is not guilty.”

http://www.dailypost.co.uk/news/north-wales-news/live-jury-ched-evans-rape-12017943
 
  • #84
Mrs Justice Nicola Davies is now giving the jury some more directions about the law.

They have been told Evans has no criminal convictions, but one caution dating to July 2010 for false representation, relating to an insurance claim for a mobile phone.
The judge said it is agreed he should be regarded as a person of previous good character.

She said: “That does not mean he could not have committed the offence with which he is charged.

“You should take the fact that he is a person of previous good character in his favour.”

The judge said the jury must consider three questions when reaching their verdict:

1. Are you sure that when the defendant intentionally penetrated the vagina of the complainant she did not consent?

2. Are you sure the defendant did not genuinely believe that the complainant consented?

3. Are you sure that the defendant’s belief in the complainant’s consent was reasonable?

She told the jury to “take it step by step”.

http://www.dailypost.co.uk/news/north-wales-news/live-jury-ched-evans-rape-12017943
 
  • #85
Judge now summing up again and going through the whole trial evidence. Wont post that up as it is just repeating what is already on here.
 
  • #86
Having never been in court for an actual trial, I always wonder if they actually speak as smarmily as it comes across when written or if it's the reporters interpretation of it ...

It's quite upsetting to see the amount of knuckle draggers already baying for the victims blood (she should be jailed, outed, paraded naked through the streets, shamed and shot) IF Evans is found not guilty ... many wrongly stating that she 'cried rape to get compo' ... it makes me feel physically sick and filled with despair :(

I have been to the Old Bailey a few times ( years ago ) and yes, some of them did sound a bit overly smug.

I think it's horrific to see some of the stuff that is being said on twitter ( mind you, nothing new there ) about the victim.
What many of them seem to have overlooked, or perhaps they dont know, is that the victim never lodged an accusation of rape with the police. It was the police who decided to prosecute.
 
  • #87
Adding this in as I have not heard this bit of the evidence before



The judge is now summarising evidence from receptionist Jessica Dawson, who took the hotel room booking from Evans.

He booked the room at 7.46pm on May 29, 2011 for £92, using a debit card.

She noticed the name of the booking did not match the name on the debit card and Evans told her he was booking the room for a friend.

The receptionist said it was a busy night, as it was a bank holiday, and Room 14 was the last available room.

Her shift started at 7am the next day and she saw the complainant who “looked upset”.

The court heard the complainant was worried because she could not find her bag or her phone.

Ms Dawson helped her look for her bag, then they returned to reception and the woman’s mother came to pick her up.



The judge is now summarising evidence from the complainant’s mother, who described her daughter as “sensible”.

The court heard the teenager called her mother in the morning of Monday, May 30 and asked her to pick her up from the Premier Inn.

The woman said her daughter was “visibly upset” and told her: “I haven’t got a clue what happened last night and I’ve lost my bag.”

http://www.dailypost.co.uk/news/north-wales-news/live-jury-ched-evans-rape-12017943
 
  • #88
  • #89
The worst thing is, that no matter what this jury say, Evans is a self proclaimed grade A Despicable piece of sh it but, if found not guilty then the outpouring from the knuckle draggers will all be seal clapping and proclaiming him wronged, no matter what the verdict he's a disgusting vile creature.
 
  • #90
Judge has been summing up since 10am today, Court currently on a short break. Jury expected to be sent out by lunch time.

My guess is that is they return a fast verdict - ie;today - then it will be not guilty.

If they go for a guilty verdict, I think it will take them longer.
 
  • #91
11.40

Jury sent out to consider verdict

The jury have been asked to appoint a foreman to lead discussions and speak on behalf of all 12 jurors when they deliver their verdict.

Mrs Justice Nicola Davies said: “You must reach, if you can, a unanimous verdict.”

She said she may later be able to accept a majority verdict.

She added: “Whatever time you need, it is there.”

The jury bailiff has now been sworn and the jury have retired to consider their verdict.


http://www.mirror.co.uk/news/uk-news/ched-evans-rape-trial-live-9043215
 
  • #92
Noooooooooooo

worst possible outcome.



Sky News Verified account ‏@SkyNews 8m8 minutes ago

Ched Evans not guilty of rape after re-trial
 
  • #93
The appeal was allowed after judges gave the go-ahead for two former sexual partners of the alleged victim to give explicit evidence in court about her sex life, a rare move that is being widely condemned by women’s support groups and campaigners.

One group, Women Against Rape (WAR), told the Guardian the decision “drove a coach and horses” through legislation designed to protect victims and could stop other abused women coming forward for fear they would be quizzed about their sex lives.



https://www.theguardian.com/footbal...r-ched-evans-cleared-of-in-retrial?CMP=twt_gu
 
  • #94
During the appeal case that led to the retrial, lawyers for the crown suggested the two new witnesses may have been “fed” information by those close to Evans.
This claim was rejected by Evans’s side.

Evans’s fiancee, Massey, was accused in legal argument during the second trial of offering an “inducement” to a key witness.
The prosecution said this had “the flavour of a bribe”. The trial judge disagreed with this description.

The appeal court judges, whose decision can be reported for the first time, expressed “a considerable degree of hesitation” before allowing in the new evidence of the former partners because it resulted in the victim’s sexual behaviour being subject to forensic scrutiny – which is almost always banned.



https://www.theguardian.com/footbal...r-ched-evans-cleared-of-in-retrial?CMP=twt_gu
 
  • #95
Lisa Longstaff, of WAR, said the case seemed a “throwback to another time”. She said: “The whole way the case has been handled trivialises rape and puts women off reporting. They know that if they come forward they are going to be trashed.”

Section 41 of the Youth and Criminal Evidence Act 1999 puts stringent restrictions on what evidence can be put before a court by the defence about an alleged victim’s sexual behaviour and questioning of the complainant.

“But it has all these exceptions, and clever lawyers can get round it,” said Longstaff. “Here they’ve driven a coach and horses through the supposed protection. It’s a classic defence tactic. They bring in previous partners to trash her character.”

She added: “This trial has been a throwback to bad times when women were the ones on trial and had no say in a sexual encounter.”



https://www.theguardian.com/footbal...r-ched-evans-cleared-of-in-retrial?CMP=twt_gu
 
  • #96
A feminist activist who goes by the pseudonym Jean Hatchet and was behind petitions asking football clubs not to sign Evans following his jail term, told the Guardian it was “deeply worrying” that evidence about a victim’s sexual history had been permitted.

She said: “This has no bearing on whether a woman was consenting to a totally different sexual experience at all.

“More worryingly, this will set precedent in rape cases to follow where defence barristers will comb through an alleged victim’s sexual past and following the alleged assault at a time when they are suffering trauma. Women who have been raped have sex before they are raped and they have sex afterwards.

https://www.theguardian.com/footbal...r-ched-evans-cleared-of-in-retrial?CMP=twt_gu
 
  • #97
I'm lost for words ...
 
  • #98
Me too Mrazda. Open season now for rapists. All they have to do is bring up the victim's sexual history and heaven help her if she has had sex with any other man in her life.
This will prove that she * sleeps around * and therefore the man can't be accused of rape.
 
  • #99
I'm not surprised by this verdict but I am actually furious. I'm too old to get very angry very often, but I'm furious.

Our legal system is a travesty and I'm ashamed to be British right now. It's 2016 and we're allowing a woman's sexual history to be used against her in a rape case. I thought we'd left all of that behind a couple of decades ago.

And that's all I have for the moment as I realise I have to be careful what I write here. Will return when I'm calmer
 
  • #100
Me too Mrazda. Open season now for rapists. All they have to do is bring up the victim's sexual history and heaven help her if she has had sex with any other man in her life.
This will prove that she * sleeps around * and therefore the man can't be accused of rape.
Basically someone could rape me tonight and so long as an ex of mine is prepared to say on oath, for 50 grand that I cried out whatever the rapist tells them to say during my sex with them, then my rapist has a get out of jail free card ...

1 jury finds him guilty, 1 not guilty - maybe we should make it best of 3? This time we'll pay any girls that have had sex with Evans to come forward eh

As the mother of 3 daughters (and a young son), this judgment and more so, the direction of the judge and defence and what seems like the lack lustre prosecution fills me with dread ...
 

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