The salient point was that she claimed she couldn't remember a thing post 3 am, but the expert medical advice was that at the time of the incident she'd have been approx 2 1/2 times over the legal driving limit, enough to make you giddy and maybe unstable on your feet but not enough to account for complete memory loss. The CCTV footage of her arriving at the hotel clearly shows her walking in and then she goes back outside on her own to pick up the pizza box. The night porter says he heard the sounds of a couple having normal consensual sex when he went to check on the room. A pissed 'yes' is the same as a sober one. Consent is consent in the same way no means no. There was no struggle, no report of rape even, only when the lads admitted to having sex with her did the Police (not the supposed victim) claim rape had taken place.
She also claims she drank less than normal which indicates being in such a state was common for her. It wouldnt be unreasonable to suspect she was fully aware of what was going on throughout the whole thing.
He is guilty of rape and was convicted is what you meant to say, wasn't it? Thousands of people have drunken sex every weekend but that isn't rape because there is consent. He couldn't prove she consented and so was convicted of rape. Her behaviour showed she consented to sex with MacDonald and he was acquitted.
The point is that he was found guilty. He cannot be rehabilitatd because he has never accepted that he did wrong. Don't portray him as a victim. Read your post back, he took advantage of a woman in no fit state to have a choice. Rape. As for returning to football, is he a role model? Luke McCormick pleaded guilty. He accepted that he had done wrong and after serving his sentence he could return to football.
How do you 'prove' consent? Its literally a verbal contract between two parties. One only has to deny it, or claim they do not remember. It is absolutely impossible to prove.
How can you admit guilt to something you are fighting to have overturned? If I was accused of a crime I did not commit I wouldn't be in any rush to admit anything and nor would I be saying sorry.* Would you?
What about the CCTV showing Evans looking at her sprawled on the floor? The medical evidence showed she had no alcohol in her blood when she was tested. The 2 and half times over the limit was a guess and would have been subject to cross examination. The medical expert would have had to have had a detailed medical history on her tolerances and how alcohol affected her. In his appeal Evans produced evidence that she'd passed out before. Somebody who passes out cannot give consent.
Hasn't she claimed to have been raped several times in the past also and the men were found not guilty?
MacDonald proved it so it wasn't impossible. The woman said she didn't remember having sex with either of them.
She didn't claim to have been raped this time, so its irrelevant what she claimed in the past. Her evidence didn't get Evans convicted.
How can you 'prove' that someone consented to sex? Do you need to get a signature? There was no proof that she didn't consent (even her own evidence didn't claim she didn't, merely that she couldn't remember - there's a distinct difference) and on that balance of probabilty the conviction was unsafe imo. No struggle, no claim of rape, no injuries, no proof of wildly excessive alcohol consumption and she willingly shagged a lad she bumped into on a street corner half an hour before.
Ched Evans is a fool. He should be doing nothing except trying to clear his name. He got a 5 year prison sentence and that should also mean he is banned from football until the 5 years is up UNLESS he does clear his name. This whole issue is both sorded and boring.
So everyone who serves half their sentence should not be allowed to work until the full time has elapsed?
Well she certainly knew enough of what was going on As she remembered to go back and collect her pizza. Hotel pics showed that.
It's a shame all the lawyers on here didn't offer their services at his trials and appeals. The expensive Barristers he employed seem to have missed so many of these seemingly obvious legal issues.
i don't think anyone is suggesting he shouldn't work , more that as a footballer even at Oldham , ur in a position of privilege a role model and an example to kids . I wasn't at the trial so cant really give a good opinion as to his guilt , but from all i have read it seems he was convicted on flakey evidence
