I've been over and over this with you Drew, much earlier in the thread. You are fixated with this case and your point of view when it comes to the evidence you have access to. No amount of debating will help you see sense. Let's hope the Criminal Case review can draw a line under it all. I just...
There's only one way to settle all this. He should be tried by a judge and jury. And then, to make certain, we should have a couple of other high court judges examine whatever verdict they reach to make sure it is safe.
Give me strength!
And a key passage here is "including any steps A has taken to ascertain whether B consents."
So for example, simply asking someone who incapacitated from alcohol whether they consent may not be deemed a sufficient defence.
That's not what Steve.S said. You've twisted what he posted.
Putting that aside, even if both parties are drunk and one says no, then it is no. If both explicitly say yes and then regret it in the morning, then that is not no, that is just something either party has to put down to experience...
Drew, you are in the Ched Evans is innocent camp. God knows why, but you are. I'd back out of this thread now, because you're just failing to cut the mustard every time with every argument you put forward. Why? Why are you so on this toe-rag's side? I know you'll say you are on the side of...
Blimey, you really are working on the case for the defence aren't you. You're not by chance on Evan's legal team are you?
A lot of the emotion on this thread is down to people taking entrenched positions, as you and I know to our cost.
I'm still unconvinced that the trial judge has messed up...
So, if we can deconstruct the trial judges remarks to prove that the term 'drunken consent is also consent' is inherent and that it could be clearly understood by the jury then the system is in the clear. Of course, we can still verify that Evans, unlike McDonald, arrived in the room uninvited...
I think we may have got to a place where we know he's guilty. It's a question of whether he's technically guilty.
It'll need longer than 5 days I fear.
But the appeal judges were satisfied that the trail judge, whilst not using the explicit words 'drunken consent is still consent' did clearly make the jury aware of this distinction. We are talking about a technicality, and a technicality which Evan's team could pursue. Do you think this would...
I agree that this is the tough one to tackle. I would say that in the jury's view, in meeting with McDonald in a public place and then deciding to go to a hotel room that they could say that there is reasonable doubt as to whether consent was or was not being given. However, in the case of...
Surely this is why McDonald was acquitted and Evans found guilty. The jury believed consent may have been given because McDonald met the woman outside of the hotel and therefore McDonald could argue consent was being given. However, the jury did not accept consent had been given in the case of...
I think this is worth a read...
https://www.crimeline.info/case/r-v-ched-evans-chedwyn-evans
extract...
"A complainant consents if, and only if, she has the freedom and capacity to make a choice, and she exercised that choice to agree to sexual intercourse."
He then addressed the...
Look, you don't believe the girl's testimony. The jury, who had access to all the evidence did. Accept that. One video is not all the evidence. Could you see her eyes? Hear any slurred speech? Are you able to fully assess her condition from the video, or how the alcohol affected her for the...
You're weird. And probably a few times over the limit yourself.
I'm not sure even you know what you are posting now.
Remind me who introduced paralytic into the conversation.