Ched Evans

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Triggaaar

Well-known member
Oct 24, 2005
50,252
Goldstone
If you were in a room having sex with a strange girl and her mate let herself in and asked if she could join in, wouldn't you be well up for it?!

I would if she was attractive enough (and I was single). I certainly wouldn't have any qualms about the casual nature of it all.
It's a good point. And our society has changed a lot over the last few decades. People are much more sexually adventurous than they used to be.

A juror like Creaky could have a much different outlook than a juror like you, but the idea is that with 12, we should get a balanced view. But there's no guarantee.
 




Triggaaar

Well-known member
Oct 24, 2005
50,252
Goldstone
I'd certainly be surprised!
Not sure if I was supposed to laugh there, but I did.

Sorry no, the word used was "certain" I had meant to type that (been a busy morning!) We was told we had to be certain to reach a guilty verdict.
Who said it? Either way, I've never heard of an example where people had to be 100% or 100% certain. I've always heard 'beyond reasonable doubt'.
 










Aug 23, 2011
1,864
I believe the expert witness for the defence suggested that, based on what she had drunk, at 4am her blood alcohol lever was 2½ times the driving limit and that wasn't challenged by the prosecution.

I wasn't disputing the 2.5 times the driving limit, what you seem to be missing is that to be at 2.5 times the drive limit blood level is that you have to consume quite a lot more than that to get your blood level there. its nowhere near the same as drinking a bottle of wine or a few pints
 


Aug 23, 2011
1,864
I'm really struggling to see how they could be 100% sure she was "too drunk to give consent" based on the evidence they had. Which is the two men saying she consciously gave consent, and the CCTV footage showing her walk in and out of the building.

as has been covered earlier, the CCTV showing her walking is not a continuous film and is taking snapshots and so you are missing quite a lot of information. I think in at least one point she stumbles as her arm moves out as if to steady herself but by the time the next image comes up its moved along so its missed but its not able to get a clear picture either way.
 


Triggaaar

Well-known member
Oct 24, 2005
50,252
Goldstone
The judge whilst giving his instructions and the Defence.
Definitely both said exactly the same thing? I wonder why there isn't a globally agreed term (like 'beyond reasonable doubt') for judges to use, so that the jury for each case is answering the same point, because you were a juror, and I think (correct me if I'm wrong) you understood your instructions to be that you had to be 100% certain if you were to convict, and others on the jury probably felt differently.
 






Triggaaar

Well-known member
Oct 24, 2005
50,252
Goldstone
I wasn't disputing the 2.5 times the driving limit, what you seem to be missing is that to be at 2.5 times the drive limit blood level is that you have to consume quite a lot more than that to get your blood level there.
This bit doesn't make full sense: "you have to consume quite a lot more than that" because what is "that" - you're suggesting that "that" is an amount of alcohol, but it isn't, it's a blood level limit. ie, on the one hand, you're acknowledging it's a blood level (2.5 times) bit on the other hand you're suggesting the limit itself (ie, 1 times) is an amount of alcohol you can consume. Yes, your body will process the alcohol before you get to 2.5 times, but the same is true of before you get to 1 times.

its nowhere near the same as drinking a bottle of wine or a few pints
What's happening here is that people are using her alcohol level and then speculating about how much she had to drink - we don't need to do that, she said how much she had to drink!

She said she had about 6.5 units at 11pm, then 5 more at between 1.45 and 3 am. They were in the hotel from 4.15.
 
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Withdean11

Well-known member
Feb 18, 2007
2,801
Brighton/Hyde
Definitely both said exactly the same thing? I wonder why there isn't a globally agreed term (like 'beyond reasonable doubt') for judges to use, so that the jury for each case is answering the same point, because you were a juror, and I think (correct me if I'm wrong) you understood your instructions to be that you had to be 100% certain if you were to convict, and others on the jury probably felt differently.

They both said that, to some variation, yes.

The whole jury felt we had to be certain as we discussed it when coming up with a verdict. So me mis understanding (quite likely as I quite literally get bashed in the head for a living) can be ruled out.

I had two trials over the 2 weeks I was there. Both times it was made clear we had to be "Certain" to reach a guilty verdict.

1 we was certain so reached a 'guilty' verdict, the over we was not, so reached a 'not guilty' verdict.
 






Withdean11

Well-known member
Feb 18, 2007
2,801
Brighton/Hyde
as has been covered earlier, the CCTV showing her walking is not a continuous film and is taking snapshots and so you are missing quite a lot of information. I think in at least one point she stumbles as her arm moves out as if to steady herself but by the time the next image comes up its moved along so its missed but its not able to get a clear picture either way.

Have you ever been drunk? If you are able to walk, stumbling or not, into a hotel you're able to approve or disapprove to having sex. She was in heels too was she not?
 


Triggaaar

Well-known member
Oct 24, 2005
50,252
Goldstone
Have you ever been drunk? If you are able to walk, stumbling or not, into a hotel you're able to approve or disapprove to having sex. She was in heels too was she not?
Yes she was. To play devils advocate, depending on the timing, I could be in a state to walk home, but then when my head hits the pillow I could be feeling quite different. But then I'm not talking about the walking she was doing - I'm talking steaming towards the pillow while my legs hold out, certainly no time to return for pizza boxes.
 




jimbob5

Banned
Sep 18, 2014
2,697
If it's all as straightforward as people are saying notwithstanding the known aspects seem less clear, why is his innocence still being discussed. If he was convicted then he would have been guilty beyond all reasonable doubt. Why can nobody explain the rationale behind the decision. I don't particularly want to read all the evidence.
 


pb21

Well-known member
Apr 23, 2010
6,366
They both said that, to some variation, yes.

The whole jury felt we had to be certain as we discussed it when coming up with a verdict. So me mis understanding (quite likely as I quite literally get bashed in the head for a living) can be ruled out.

I had two trials over the 2 weeks I was there. Both times it was made clear we had to be "Certain" to reach a guilty verdict.

1 we was certain so reached a 'guilty' verdict, the over we was not, so reached a 'not guilty' verdict.

if I am ever to be a juror I don't think I could ever, given my sceptical nature, find anyone guilty if I had to be 100% certain, but could if I was only required to satisfy my reasonable doubt.

IMO nothing is 100% certain, obviously many things effectively are, but that isn't the same.
 


Triggaaar

Well-known member
Oct 24, 2005
50,252
Goldstone
if I am ever to be a juror I don't think I could ever, given my sceptical nature, find anyone guilty if I had to be 100% certain, but could if I was only required to satisfy my reasonable doubt.

IMO nothing is 100% certain, obviously many things effectively are, but that isn't the same.
That's one of the reasons we don't have the death penalty.
 


drew

Drew
Oct 3, 2006
23,106
Burgess Hill
Anyone watch with Julia Hartley-Brewer making a horrible pigs ear of this subject on Question Time last night?

She said that she had read extensively on the case and didn't see how one man could be found guilty and the other aquitted, which anyone with even a cursory knowledge of the chronology of the case would be able to understand. I'm suprised she hasn't copped much grief about it today.

To be fair, she was on a programme giving an immediate response to questions and the debate, not quite the same as sitting down and constructing an article for a newspaper or posting on a forum. Why can't she have the opinion which seems to be based on the fact that one minute this woman is capable of consensual sex and the next is so comatose to the point she can't say no or resist.

Yup.

But there's also a half way house. His behaviour demonstrated a disgusting attitude towards women (which I'd imagine is prevalent in football.) If he were correctly advised he would have made some statement on contrition surrounding this on his release and also apologised for the behaviour of his fans in revealing the woman's identity. I would also have advised him to get the website down, any use it may have had has now been served.

Rape or no rape, he made mistakes and should have acknowledged them up front. I suspect he would have found finding a club much easier had he done that. Instead he's only made a statement after failing to get employed 3 times, the website is still up.

Whether it was his intention or not, his behaviour has seen him become the poster boy for frustrated mysognyists and in football's new all encompassing inclusive world that is not commensurate with him resuming his career.

I do get a bit fed up with this belittling of football as if it is the only sport to be pilloried for the supposed attitude of some of it's participants. Are Rugby players or cricketers all totally respectful of woman? With regard to advice, are you in the PR business or the legal one? I fully agree that from our perspective it might have seem it would have been better to make certain statements earlier but would you go against what you are being advised to do by people you believe to know better.

A unanimous jury & two judges seem to have been convinced. Maybe they had more evidence than you

How do you know they had more evidence? They probably did but how much of it, if any, was relevant to the decision they came to.

That's not true. The reason that McDonald could reasonably believe that he had consent is that he had a prior relationship (non-sexual) with the girl and she went willingly with him to the room. Even though she was intoxicated the jury believed that McDonald could reasonably assume consent. I am personally comfortable with that.

Evans on receipt of a text message stating "I've got a bird" or words to that effect, came back to the room seeemingly with the only intent being to have sex with the girl that he had only ever met briefly before. I can see why the jury could be convinced that Evans could not reasonably assume consent.

McDonald had only met the girl outside the Kebab shop. He didn't know her before that. The only non-sexual bit of their relationship was a taxi ride to a hotel and a walk across a foyer! As for it being reasonable to assume consent just because she got in the cab and came back with him is, in my view, ludicrous. The judge would have you believe she was virtually comatose and incapable of making a decision when it came to Evans. But for McDonald, as she is lying there, virtually unable to do anything, let alone converse, he makes a decision that because she got in a cab she is a willing partner at that point of the evening. That doesn't tie in with the evidence apparently given by McDonald who says she was a pro active participant both with him and Evans.


Of course I have read the evidence.

The girl has claimed that she does not remember anything.
Ched however does remember, and claims consent was given. To which he has a witness.

Which leads me to my original question. If a drunk girl gives you consent, but does not remember, is that rape?

I didn't know Steve Bruce was a criminal lawyer! You learn something new every day.

:facepalm: So you have to be a criminal lawyer to express an opinion?

The main evidence as I see it is that this young woman was drunk and having sex in a room (so in an extremely vulnerable position) when a man she didn't know let himself into her room and had sex with her - that seems pretty nasty. A jury decided, beyond reasonable doubt, that she was too drunk to be able to give consent. I just cannot see how they were able to do that, and I suspect they found him guilty because his actions were so horrible, not because they followed the law.

You may well be right about that. As I see it, there is too much doubt to convict.

Okay, but if, for an unknown reason, she complained of rape and the jury believe she was too drunk, you could then be convicted of rape, despite at the time you fully believing you're doing nothing wrong?

So would in affect, be accidental rape - which seems odd.

I'm really struggling to see how they could be 100% sure she was "too drunk to give consent" based on the evidence they had. Which is the two men saying she consciously gave consent, and the CCTV footage showing her walk in and out of the building.

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 know, how the discussions went in that jury room nor what scenarios were discussed but for Evans to be innocent of rape the girl would have to be the sort of person who would not only engage in casual sex with one man but would willingly agree to have sex with a complete stranger. Evidently the jury didn't believe that to be the case.

I find it almost defies belief that a girl can be having sex in what she thought was a secure room, was suddenly faced with a complete stranger and without any expression of surprise agreed to stop having sex with her original partner and engage in sexual activity with a man she'd never seen before! The only explanation I can think of for such behaviour is that she was so drunk she didn't know what she was doing.

A lot could depend on how you perceive 'didn't present himself very well'. Some might read into that that he was arrogant and a typical brash celebrity however, according to McDonald he was actually very nervous. Interesting article from the Birmingham News

http://www.birminghammail.co.uk/new...on-mcdonald-midland-footballer-speaks-6788373

I wasn't disputing the 2.5 times the driving limit, what you seem to be missing is that to be at 2.5 times the drive limit blood level is that you have to consume quite a lot more than that to get your blood level there. its nowhere near the same as drinking a bottle of wine or a few pints

Not sure of the point you are making? As Trigaar said, we already know how much she drank as that was entered into evidence and referred in the appeal judgement available on-line. What the expert was calculating was the blood/alcohol level at 4am, roughly when they arrived at the hotel. It is around that time that the level of drunkeness is relevant as it pertains to her alleged inability to give consent. 2½ times the drink drive limit sounds a lot but people are able to drive a car at that level and higher. Certainly not legally, and not safely, but they are able to get a car started, drive it along a road and probably in many cases, park it. Raises the question as to whether she was too drunk to give consent!

as has been covered earlier, the CCTV showing her walking is not a continuous film and is taking snapshots and so you are missing quite a lot of information. I think in at least one point she stumbles as her arm moves out as if to steady herself but by the time the next image comes up its moved along so its missed but its not able to get a clear picture either way.

It's not definitive evidence but she is certainly not staggering from side to side as you might expect of someone drunk to point of not having any control!
 




Triggaaar

Well-known member
Oct 24, 2005
50,252
Goldstone
To be fair, she was on a programme giving an immediate response to questions and the debate, not quite the same as sitting down and constructing an article for a newspaper or posting on a forum. Why can't she have the opinion which seems to be based on the fact that one minute this woman is capable of consensual sex and the next is so comatose to the point she can't say no or resist.
Yes, but if she said "she had read extensively on the case and didn't see how one man could be found guilty and the other aquitted", then that's a strange opinion. While I question the certainty that the victim was too drunk to give consent, the difference between the two defendants is obvious to anyone who has read extensively on the case.

I do get a bit fed up with this belittling of football as if it is the only sport to be pilloried for the supposed attitude of some of it's participants. Are Rugby players or cricketers all totally respectful of woman?
I agree. Pop stars probably have more women thrown at themselves than football, and I doubt their behaviour is any better.

How do you know they had more evidence?
Note that the quote you're replying to wasn't accurate - no judge has said whether they were convinced or not.

McDonald had only met the girl outside the Kebab shop. He didn't know her before that. The only non-sexual bit of their relationship was a taxi ride to a hotel and a walk across a foyer!
And she was in the front of the taxi while he was in the back, and I haven't heard any evidence of them even talking in the taxi.

As for it being reasonable to assume consent just because she got in the cab and came back with him is, in my view, ludicrous.
On it's own, no, but it means something. He had a hotel room with one bed - why was she getting a cab back with him to share that bed? Although that in itself is not consent (she might still say no) it's certainly not surprising that he'd thought he'd get some action, and it is clearly different to Ched's circumstances.

The judge would have you believe she was virtually comatose and incapable of making a decision when it came to Evans.
I'm not sure the judge made any such comments, and it wasn't the judge that made the verdict.

2½ times the drink drive limit sounds a lot but people are able to drive a car at that level and higher. Certainly not legally, and not safely, but they are able to get a car started, drive it along a road and probably in many cases, park it. Raises the question as to whether she was too drunk to give consent!
If you're too drunk to make a decision about having sex, are you then not responsible for your actions? Does that mean that if drunk enough, you shouldn't be done for drink driving, as you didn't know what you were doing?
 


spring hall convert

Well-known member
Nov 3, 2009
9,608
Brighton
To be fair, she was on a programme giving an immediate response to questions and the debate, not quite the same as sitting down and constructing an article for a newspaper or posting on a forum. Why can't she have the opinion which seems to be based on the fact that one minute this woman is capable of consensual sex and the next is so comatose to the point she can't say no or resist.

Beacuse McDonald can reasonably assume consent from his interactions with the victim. The shared cab ride, the "don't leave me" etc... Evans recieves a text saying "I've got a bird." and then goes and has sex with someone he's never met before, very different circumstances.

She said that it was a logical fallacy that one could be guilty of rape and the other not. That is incorrect, it might be what she thinks but it isn't a logically fallacy. She said that she'd read "extensively " about the case, when this clearly demonstrates she clearly hadn't.

It was extremely irresponsible of her to present the view that she did.
 
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