Ouch. It's a weird case. How did the prosecution know that two people watched through the window, when the defendant claimed she didn't remember any of it? Who made that allegation? :S Also, even if everything he said was true, why the **** was he watching his mate have sex?
I'm not quite sure how the Vale player was cleared when they both admitted having sex with her, and she claimed not remember anything until she woke up the next morning. If she was in no state to consent to Evans surely she couldn't have consented with the other guy as well??
Didn't the Vale player pick her up from the club. I presume that part was the sex with consent. He send a text to Evans to say he had picked up a girl which they both then had sex with
From the excerpts from the evidence that I have seen, the Vale player picked her up outside a kebab shop. The kebab shop owner said that she was extremely drunk and fell over several times. The receptionist at the hotel said that she could hardly stand. The sex took place in the hotel room as Evans was watching them before having his turn. So I can't see how the Vale player got off with it
...and going on that story, they can't have been responsible for her drink being spiked if the Vale lad only picked her up when already drunk. The plot thickens...
I bet Titus Bramble is ****ting himself. He's been charged with about three hundred counts of sexual assault.
Maybe it was because the Vale player left out the front door and Evans via the fire escape - that suggests he knew he was doing something he shouldn't have
Weird case, but this girl may have not been so truthfull, she could of just got drunk, had sex with two footballers and wondered if she could get some money from blackmail out of it, just a theory, just a weird case...
Apparently they were all in the same club (when she fell over several times) but I haven't seen any allegation that the players spiked her drink. KC it doesn't matter which door they left by. The question is whether she consented to sex or not. As she says she was so drunk she was incapable of consenting (and doesn't remember anything) surely she didn't consent to either?
All of the stories point at one point of view though. Nothing has been printed offering the girls story. Easy to make your mind up when presented with one side of an argument.
Well the jury did convict Evans after hearing all of the evidence, including the girl's evidence, the kebab shop owner and the hotel receptionist. I appreciate that I wasn't present in court for the trial, but the prosecution's case was that she was incapable of consenting to sex with either player; both admit having sex with her; only one was convicted. That seems strange to me
I've been so drunk that I can't recall walking home - yet I managed to do it and tell friends I was leaving etc. You can still be so drunk you can't consent, yet another person may not be aware and honestly believe you have (maybe because you did at the time and they weren't aware you were not all there and should not have reasonably realised you weren't!) In this case it would be for a jury to find beyond reasonable doubt there was no true consent. They seem to have believed the female that she was incapable and seem to have disbelieved Evans when he said she seemed to be encouraging and asking him for things. I'm guessing the cumulative facts built up a picture that Evans had nothing to base his assumption she was fit and consenting on, and should have known she was too bladdered to say yes. I would guess he came accross as unreliable in the box, and not honest. McDonald most likely just told the truth in the box - she went back with him, went to his room, got in his bed, and he believed she was tipsy but aware of the circumstances (enough to shed doubt - and doubt is enough to get let off). Evans story comes accross like he sneakily went down, and just barged in and had some fun. I'm pretty sure he will appeal on the basis that if the jury found consent in one case, they were misdirected somehow and should have found consent in his. Unless there was factual evidence that she gave that suggested by the time he was on the scene and involved she hadn't reasonably forseen it and wasn't giving any objectively percieved signals she wanted it. You really can't speculate from the small soundbites you get in papers.... remember the jury have to be convincved beyond ANY resonable doubt. McDonald had a longet build up to the event, so he is likely to have been given the benefit of any doubt. Like any rape - only 2 people really know the answer and drink tends to make that statement doubtful, too!
This may clear up what I was saying... To be guilty of rape you need both of these: b)B does not consent to the penetration, and . (c)A does not reasonably believe that B consents. Seems here the jury found that b) was proven (she didn't consent to sex at all) But c) wasnot found for both players, as one had an excuse she had gone back to the room with him, whereas Evans had far less to base his belief on. This legal issue will be behind the verdicts. The next part of the law says: 2)Whether a belief is reasonable is to be determined having regard to all the circumstances, including any steps A has taken to ascertain whether B consents Now think what both players had to base thier opinion on! The jury have just decided Evans didn't really have a lot to go on!
The receptionist went to "check" on the girl after noticing 2 people were watching through the window , i think she was also able to provide evidene as to what went on inside the room . i remember reading that part of it last week . Good decision by the courts , It wouldnt have been that long ago that the Police , most blokes and the courts would have considered the poor lass "fair game" :/
Oh dear. Leaves Sheffied Utd in the lurch now. Maybe they have just done enough to hang onto 2nd spot. Does anyone think that Jay Simpson might be an option for the Blades ? At least the Prison Team should do well for the next 3 years or so. Evans should be out by 2015/16 season,,, maybe. The report also says that he has 35 goals for championship club Sheffield Utd this season. Well 2 out of 3 are correct.
