Jeff

Section 1 of the sexual offences act 2003

1-(1) A person (A) commits an offence if— (a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his *****, (b) B does not consent to the penetration, and (c) A does not reasonably believe that B consents.
(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.
(3) Sections 75 and 76 apply to an offence under this section.
(4) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

Basically the onus of consent is on the penetrator not the penetratee.

In other words, if in doubt, don't do it.

In the eyes of the law, Evans was guilty of the offence.

 

So female on male rape doesn't exist?

 

Only if she is really ugly

 

Only if she has a *****.

 

This still comes back to whether you (or the jury) know for sure that Evans didn't ask the girl in clear enough terms whether she was up for it, and whether or not she replied in clear enough terms that she was.

 

You would kind of think that stopping to ask in clear terms would a) Come across a tad contrived therefore causing b) the moment to go.

Basically sex tapes are the only surefire way of covering your ****.....in more than one way.

 

It never will though sadly as something like the truth always gets in the way of a good story.

The role model thing that gets bandied around is nearly as annoying as the overuse of the word genius and the overwhelming urge to describe everything as unprecedented. If a Volcano blows its top it's unprecedented. There are 13 people in the House of Commons with Ginger hair it's unprecedented. What is actually unprecedented is the use of the term unprecedented. It's like people are trying to spin ages old news into something new by stating it's unprecedented. Yet go and have a chat with a pensioner and they merely state "Same **** different day" or words to that effect.

The laugh of this whole football story is, Ched Evans wasn't exactly a house hold name prior to this story unfolding and if he is found not guilty on appeal the wider public that have condemned him have inadvertently given any future Autobiography and his subsequent earnings from it a pretty huge boost........

 

Maybe , if you fit the average footballing fan demographic

- youd have to learn how to read first though !

 

I wear Tottenham Hotspur moccasin slippers. Does that count? Proper official merchandise mind you.

 

 

But again, this is not what happened in the Evans case.

If you believe the testimony of the two men (i.e. excluding the woman who claims to have no memory), Evans let himself into the room while McDonald was having sex with her, and gets her consent although she was 'too drunk' to give consent. The hotel porter could confirm the timeline as he spoke to McDonald in the lobby as he came down well after Evans went in.

He didn't bust into a room alone and have sex with a sleeping woman like you are portraying here.

 

You're missing this point

"Whether a belief is reasonable is to be determined having regard to all the circumstances"

Now, if she was as drunk as to have no memory as RRGM has mentioned above, those are pretty significant circumstances as to reasonable belief.

She went back with Macdonald, had pizza, etc. Very different circumstances to Evans letting him self in. Which most may well explain why only Evans was convicted.

 

Exactly. *IF* you believe the testimony of two pissed up mates on a rape charge.

The timeline means nothing. Who knows what happened after McDonald comes down?

Who knows what actually happened here. There could be various scenarios. But I stand by the fact that Evans is at the very least guilty of being dumber than a dumb thing to get himself into that situation, entirely of his own doing (WTF was he thinking getting a spare key and going up to the room? - I doubt it was for a chat with his mate) and not forgetting that he had a girlfriend at the time (who's family have somewhat strangely been wholy supportive of Evans despite his willingness to have sex with a stranger whilst with their daughter)

 

But she hasn't denied any of it, and the porter could hear sounds from multiple parties when he was listening outside her room.

So the circumstantial evidence ties up with what the men said, so as I say, it's not like he busted into a room to find her alone, and raped her while asleep, which is the scenario you were portraying.

What makes her more believable than the men? It's a her-word-versus-theirs which is as Felix says, common in rape cases and why many (including this case probably) rarely get to court.

 

lol, you shouldn't laugh - presumably the window cleaner was up a ladder looking through the window too

 

No, but Evans' mates were! (outside the window, not on a ladder)

 

I wonder if the girl new she was the star of a "**** film"

 

She wasn't, Evans closed the curtains when he realised.

 

lol how gallant of him, a real gentleman