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Ched Evans Rape Conviction - Miscarriage Of Justice?


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HOLA441
I received one of those change.org emails this morning, as follows:


"Ched Evans was a striker for Sheffield United when in 2012 he was found guilty of raping a 19 year old and sentenced to five and a half years in jail. He will be released this month and his club are in talks to bring him back to the team.


Jean Hatchet started a petition calling on the team not to re-sign Ched Evans. She says that Evans does not acknowledge his guilt because he doesn't understand the difference between consensual sex and rape and that returning to his former club reinforces the message that this isn't important."



Apparently this petition has already achieved 135,000 signatures, which prompted me to investigate further.


the case is unusual and worrying in that 2 men were charged for the same offence, for which there was no evidence save that they both admitted having consensual sex with the accuser who was tested as drunk (2.5x the driving limit) and claimed to be unable to remember anything, which resulted in one man being acquitted and the other: Ched Evans, convicted by the same jury, and sentenced to *5.5 years in prison*.

???



this is the website set up to protest Mr. Evans' innocence:




And here is the blog of a Jean Hatchet:


I think I'm going to cancel my change.org account.

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HOLA442
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HOLA443

rape is a nasty thing but the trial is done now and he served his time.

I can appreciate from the girls perspective if it was rape that sort of thing is likely to stay with her for life, and traumatise her emotionally..I think from evans perspective the fact that he's been inside for it is going to be similar.

rape in the rulebook should read violent violation or coercion into sexual activity..this sounds like a piss-up gone a bit tits-up(excuse the pun)

facts look like she got a bit too wasted and randy, and regretted it the following morning(the fact there were two guys involved might also infer she does 3-ways etc?)...almost a typical teenage saturday night out.

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HOLA444

Although impossible for us to know exactly what went on, in my opinion either both McDonald and Evans are guilty or they are both innocent. Surely the fact that McDonald was proved to be innocent would mean there is not enough evidence to prove Evans was guilty. Likewise if Evans is guilty and McDonald was accused of the same crime and they both openly admitted to having sex with her then he is guilty as well. It doesn't make sense to prosecute one and not the other.

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HOLA445

I had the exact same feelings upon receiving that email, and like you considered unsubscribing.

But I figure that the nature of the internet is that people can use it to advocate causes with which I profoundly disagree. So I chose to ignore it. Perhaps I should be more forthright in advocating the merits of the Rehabilitation Of Offenders Act 1974.

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HOLA446

The guy has served his time, he needs to be able to pursue some livelyhood after prison doesn't he? Normally if he hasn't acknowledged the offence he wouldn't qualify for early release?

That said, it appears to be a flimsy case against him. Police jealous of pro footballers maybe?

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HOLA447

Although impossible for us to know exactly what went on, in my opinion either both McDonald and Evans are guilty or they are both innocent. Surely the fact that McDonald was proved to be innocent would mean there is not enough evidence to prove Evans was guilty. Likewise if Evans is guilty and McDonald was accused of the same crime and they both openly admitted to having sex with her then he is guilty as well. It doesn't make sense to prosecute one and not the other.

Sounds to me the jury found the first guy got consent, then the convicted joined in.

The girl was voluntarily drunk and appears that she gave a drunken consent to the first guy. there was a witness listening through the door.

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HOLA4410

I remember following the court case on twitter.

McDonald had been out with the girl in a club and they spent whole evening drinking and dancing. They both got drunk and both voluntarily made their way back to the same bed in the same hotel room. While the girl was passed out McDonald had sex with her. Although she wasn't able to give consent at the time because she was unconscious, spending the evening with McDonald and then going to the same bed with him was deemed implicit consent. So McDonald was acquitted.

Some time later that night Evans made his way into their room and had sex with the girl. Evans and McDonald were mates but Evans didn't know the girl and they hadn't spent any time together that evening. Evans had sex with a comatose stranger.

Very different circumstances between the two guys and it's easy to see why they got different verdicts.

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HOLA4411

Did he (or his friend) say that she was comatose and a stranger ? If so then fair enough.

However if he said she was awake - but she said the opposite - then no - one persons word against anothe .

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HOLA4412

Did he (or his friend) say that she was comatose and a stranger ? If so then fair enough.

However if he said she was awake - but she said the opposite - then no - one persons word against anothe .

Evans and McDonald both said that she explicitly consented i.e. sober enough to say yes and know what was happening.

The girl said that she couldn't remember anything between leaving the nightclub and waking up the next morning.

It was CCTV footage showing how drunk the girl was as she entered the hotel that made her evidence more believable although it was still a case of "he says she says"

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HOLA4413

Evans and McDonald both said that she explicitly consented i.e. sober enough to say yes and know what was happening.

The girl said that she couldn't remember anything between leaving the nightclub and waking up the next morning.

It was CCTV footage showing how drunk the girl was as she entered the hotel that made her evidence more believable although it was still a case of "he says she says"

I think your memory is a bit flakey on the undisputed facts of the case. Read the link I posted on Evans website.

The porter was listening outside the door when the sex was going on and the girl was definitely not "passed out" or comatose.

Both men testified that Evans was invited into bed by the girl; which testimonies were the only evidence that sex had taken place as the girl claimed not to remember anything.

Also the CCTV from the hotel (viewable on the Evans' site) is exculpatory, if anything.

I've no doubt that the girl made regrettable sexual choices that night while drunk; men do that also, but aren't usually able to have people sent to prison on account of them.

to add some personal context, while at university, myself and a friend got talking to a single girl student (stranger) while walking back to halls one night, resulting in her coming back to my friend's room for a shag, after which it was communicated to me that i was invited to partake (which I declined) -- not a terribly different scenario from the Evans case, and one that could as easily have been construed as rape by a gullible a jury.

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HOLA4414

I think your memory is a bit flakey on the undisputed facts of the case. Read the link I posted on Evans website.

The porter was listening outside the door when the sex was going on and the girl was definitely not "passed out" or comatose.

Both men testified that Evans was invited into bed by the girl; which testimonies were the only evidence that sex had taken place as the girl claimed not to remember anything.

Also the CCTV from the hotel (viewable on the Evans' site) is exculpatory, if anything.

I've no doubt that the girl made regrettable sexual choices while drunk; men do that also, but they aren't able to have people sent to prison on account of them.

to add some personal context, while at university, myself and a friend got talking to a single girl student (stranger) on the way back to halls, resulting in her coming back to my friend's room for a shag, after which it was communicated to me that i was invited to partake (which I declined) -- not a terribly different scenario from the Evans case, and one that could as easily have been construed as rape by a gullible a jury.

I just looked at the website you posted and it makes for interesting reading. My "facts" had been formed around the tweets between the pro and anti Ched armies on twitter. I don't remember any of them mentioning the night porter who must have been a key witness. And from the CCTV the girl didn't look that drunk. Goes completely against what the Judge said about her state of awareness in his summation.

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The twitter feeds .....

Not that they prove anything but certainly interesting.

The fact the blokes girlfriend - who found out he had cheated on him - set up thus website - says more than anything IMO.

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So two peoples word against one. And its the one - who says they were so drunk they can't even remember what happened - that is believed.

Fantastic.

Yeah but the two people has penises. The one with the vagina is always given the benefit of the doubt.

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HOLA4419

Just read more about it - the 'victim' didn't even complain or go to the police about it. It was the police who decided they should both be charged with rape when both the blokes came forward about it (probably due to the numerous other false allegations made against footballers recently) - wtf !!??

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HOLA4420

Just read more about it - the 'victim' didn't even complain or go to the police about it. It was the police who decided they should both be charged with rape when both the blokes came forward about it (probably due to the numerous other false allegations made against footballers recently) - wtf !!??

The "complainant" only claimed her bag and phone were stolen and her drink was spiked, it seems. Plod obviously saw a chance to up the ante to rape to get another notch on their belts to appease the feminists.

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HOLA4423

The "complainant" only claimed her bag and phone were stolen and her drink was spiked, it seems. Plod obviously saw a chance to up the ante to rape to get another notch on their belts to appease the feminists.

^ and it appears even women who make reasonable comments on the case - are threatened into 'admitting' they were wrong.

Its so very very very ******ed up.

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HOLA4424

I must say I only followed the brief outline of the case when he was on trial and accepted the fact he was guilty and jailed for being a rapist.

I also had some sympathy with the argument he should not be allowed to play pro football again.

Reading that website and the inconsistencies with the evidence has opened my eyes. Looks like an establishment stitch up all the way down the line. Seems to me there were fundamental errors in law (if the woman was so drunk she couldn't give consent then how did she give it to one and not the other) and the learned judges never let the case go to appeal.

The situation is very simple. Either they are both guilty or both not guilty. The evidence suggests there is no half way house here....

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