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"It is also believed a woman has provided a statement recalling surprising details of a conversation during a taxi journey she took with her to the police station the night after the rape." http://www.irishmirror.ie/sport/soccer/soccer-news/rapist-footballer-ched-evans-dossier-6611684

More accurately the argument is not whether or not Evans or McDonald believed the girl consented but whether or not a reasonable person in the same situation would presume consent.

I think your definition of 'know' and mine may be different - how can you 'know' the intent behind a statement unless you can read their mind? ???

I accept that Evans could well believe that was the case, (he can't KNOW for certain unless you are saying the girl was stone cold sober!), but the test is whether or not such a belief was reasonable and the jury have decided it wasn't. They can't just say no - they have to review the case...

Of course it's possible that she was fully cognisant of what was going on and gave valid consent - the jury however didn't believe that was the case nor that Evans would have been behaving reasonably if he thought that was the case. The jury had those two decisions to make based on the evidence...

The jury were obviously convinced from the evidence given by various witnesses as well as video evidence that the girl was drunk - what others may think has been proven is irrelevant. As regards how to judge whether it was reasonable to assume consent then this goes back to the circumstances -...

If that were the case that is no reason in itself for Evans to be found not guilty. His belief has to be judged as 'reasonable' for a not guilty verdict. I think this is the most likely scenario and explains much about the case and people's actions following the case. Evans appears to...

Because if there were an error in law made then it would be reasonable to assume that this would have been raised during the application for an appeal - as there wasn't, at least not one that the Lord Chief Justice accepted then I don't think it unreasonable to say I haven't seen anything that...

If that same woman was drunk when she "rode him like Red Rum" and a jury decided that she was too drunk to give consent to sex and any belief that the man may have that she was sober enough to consent was unreasonable then he would be guilty of rape.

Nothing I have seen suggests there has been any error in the legal proceedings nor in the actions of the judge - I would have thought that if the defence had grounds to support a claim that an error had been made then this would be public knowledge by now ??? In regards to an earlier...

You are missing the point - yes he may KNOW the girl gave consent and he may BELIEVE she was sober enough to give that consent. The judgement however as to whether or not that BELIEF was accurate and reasonable lies with the jury who decided she wasn't in a condition to give that consent and...

The bottom line on this case is that guilt or innocence can only be based on a matter of judgement. Ched Evans can't KNOW he's innocent as a matter of fact - his guilt or innocence depends on whether a jury of his peers believe the girl was capable of giving consent to sex. He can't know if...

I'd certainly be surprised!

You may well be right about there being sexually liberated girls partaking in such activities but how many of them would react as Evans claims this girl did. No expression of surprise but an immediate willingness to have sex with a stranger walking unannounced into a room where they were having...

Unlike most commenting on the case the jury had the advantage of seeing how Evans, the girl and other witnesses gave their account of that night face to face. From accounts I've read, particularly quotes by McDonald, Evans didn't present himself very well. We don't know, and have no right to...

The exact wording of the text was not disclosed at the trial nor in the evidence reviewed by the Lord Chief Justice when considering whether or not to allow an appeal. This is from that review, Either wording has equal standing because both are qualified by the phrase, "or words to that...

I can't see any suggestion that men shouldn't be held accountable for their actions! Are you really saying that what was posted was not good advice? ??? I advised my daughter not to get drunk and to be careful when out alone - in doing so was I justifying the actions of criminally minded men...

There is very little evidence to support Ched Evans's claim that he booked the room "for his mate(s) to stay in" - certainly his mate returned to the room but didn't stay there. The fact neither men stayed in the room despite having the opportunity to do so and that a drunk girl was left there...

True but the prosecution case, presented at the trial, was that the room had been booked with the intention of taking a girl or girls back there. This was dealt with by the Lord Chief Justice when considering whether to grant an appeal or not.

Yes - and been answered a number of times on this thread. There are two defences to this type of rape charge - the first is that the alleged victim was able to give consent and the second that any 'reasonable' person would believe that the alleged victim had consented. In the case of McDonald...