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Footballer rape trial: Ched Evans cleared, Clayton McDonald cleared
http://www.bbc.co.uk/news/uk-wales-17781842
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I cannot find why one was found not guilty.What have I missed about this case?:confused: Or is this just a badly reported court case?:confused: |
Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
Mcdonald went to the hotel with the lady. Evans came to the hotel later on...
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
Guess we had to see the evidence, they did both admit to having sex with her however.
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I think they should have both been found guilty of the same crime. *******s.:mad::mad::td:
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
She was visibly too drunk when going to the hotel with MacDonald. If she was too drunk with Evans, she was too drunk with MacDonald, and MacDonald was in the much better placed to judge her drunkenness. Weird decision, and scary as it seems to based on the whims of a jury rather than facts.
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
I think there's something relevant which hasn't been reported.
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I prefer people to be found guilty of what they did, not what you think they did ... |
Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
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I hope this case serves to be an education to our young men and young women, many of whom don't seem to think very much about the possible consequences of their actions.
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The BBC website has various reports during the course of the trial and looking at different newspapers(Guardian, Telegraph, Daily Mail, Independent) there are no extra pieces of info. All you have is the Judge and the CPS referring to the victim as being too drunk to give consent, and that the evidence for that was when she was with MacDonald.
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
No doubt more will become apparent in due course.
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
There must have been other circumstances that allowed them to have different verdicts, if the evidence was the same then wouldn't the judge have directed the jury to return the same verdict for both defendants?
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The evidence was different. MacDonald would have seen her fall over, stagger etc, whereas Evans wouldn't have.
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Strange but juries often come out with baffling decisions.
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The way i see it is that the jury came to the conclusion that she gave consent for MacDonald but not for Evans .In other reports i have read it mentions some other men in the room recorded the attack on their phones so maybe that evidence was crucial in showing that she was incapable of giving consent to Evans and so he was found guilty of rape
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
Well at least he will now find a new way to kick balls about whilst inside:erm:
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At the end of the day we aren't privvy to all the information and the verdicts are down to what can be proven .If it can't be proven that MacDonald raped her then he must be found innocent regardless of how immoral his acts where |
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Sad as I am for the young girl's ordeal and not to minimise it I am glad to see I'm not the only person confused by the result.
What surprises me is the lack of comment from the press, court and police about the two differing results. |
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This was in today's Times. (behind pay wall)
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
But how was it different apart from pick up location?Surely in both cases she was still drunk and incapable?:erm:
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Well something stinks.They were both charged with the same offence so obviously the police and CPS thought that they were both guilty of the same crime. I'm going to be puzzling about this for a while.:confused:
No wonder the police get dispirited?:( |
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Someone having a damn good go at taking my head off with an axe and getting 9 months (out in 3) after going all the way to trial was a particular highlight... :mad: Anyway this isn't over yet. I've no doubt the one found guilty will appeal the decision. |
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I had read somewhere that police seized the videos before deletion but it may been only one was videod or it got deleted. The hotel lad might heared one not the other reconised the voice. I read since one players has called this lady out on twitter calling her just shows the mentality some players today. I wish FA got more involved and PFA started to educate them better. Would go along say due to they are in public role model maybe those convicted serious crimes banned for life. It maybe sharp deterent now wanted. Young hopefuls and kids look up to these players. With that in mind think FA needs to punish players for off field activity. If players wont behave then nanny state is only solution. Make them scared. It shows to me they paid way too much maybe time for wage cap to re-introduce. Fast cars, fast lifestyle has made them think they above the law, can take what they want do what they want. If they caught they just say they wanted it they gold diggers there been loads cases recently surely clubs should take more responsibility in what there players get upto. ---------- Post added at 09:54 ---------- Previous post was at 09:46 ---------- Quote:
Biggest one I hate CPS drops it to lesser charge as they think they wont get conviction or worse in case the costs of the trial. They even dropped them completely its not about justice anymore about costs. I can tell alot when CPS muck about its pretty disheartening for victims to you want to throttle them your so angry. Another seeing **** get 10 years then see them serve less on the streets do the same again to another victim. |
Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
As the two events took place only minutes apart and the basis of the charges was how drunk she appeared to be, then there are 3 possible outcomes. Both guilty, both not guilty, or only MacDonald guilty. My basis for the 3rd possibility is that the judge referred in sentencing to CCTV footage at which only MacDonald was present and would have been aware of her staggering etc. Anything Evans was supposed to be aware of, MacDonald must also been aware of, because he was there at the same time. MacDonald was at least complicit in whatever Evans did.
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
Seems police now investigating the player twitter remark as it breaches anomity for victims. Good news surely the dangers is women would be reluctant in future to report rape crime especially it involves promenant people/celebs. If this sort mud slinging ensues even if the trial shows she was victim of rape.
http://www.bbc.co.uk/news/uk-wales-17810574 http://www.bbc.co.uk/news/uk-wales-17809268 Quote:
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
But that's about new evidence..I still don't understand the original verdict.:confused:
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
I never understood it either, I suppose now, there will be one of three outcomes. Charge stands, acquittal, or retrial. I anticipate option #3 assuming this new evidence would make a difference to the defence, it'll go to trial again.
If it does, I'm not sure if that means the other guy gets to go too or not, it's all very strange, it would have been much simpler if both defendants had got the same verdict. |
Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
http://www.bbc.co.uk/news/uk-wales-36099522
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
Much of the content of Ched's website has sensibly been removed (for the time being at least).
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
It'll be interesting to see what the 'new evidence' is.
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What I find amazing is that his girlfriend (with whom he has now had a child) has stuck with him throughout this - she was his girlfriend when he went to the Premier Inn with the girl.
You would have thought she might have minded him copulating with someone else whilst they were going out together... |
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Not a word I would normally use to describe "not minding your partner having it away with someone else"... |
Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
Amongst Osem Jnr's university mates, playing around whilst in a relationship is not unusual for both sexes.
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
I have a theory for this new evidence. I won't share because of rules, unless staff say I can say what my theory is. If I'm right though, a gross miscarriage of justice was done. If I'm wrong and IF, i do stress IF, a second jury convicts him he is the **** of the earth. But for now, he is again innocent until proven otherwise.
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
Shall l say what is wrong with this damn country, is that we find the person Guilty, till proven innocent.
From what l have read, in the news and on TV. The girl went voluntary with BOTH the players. The girl was under the influence of alcohol. And that is no reason for both guys to have sex with her. Evans, has been crucified by the fans, some certain directors of the clubs have said they would quit, if he went to them. Yes, Evans has had the conviction quashed until a re trial. And this new evidence has come to light, which couldn't be used at the original trial. So there has been a great injustice done here. This does not give a Male the right to have sex with a female, who is drunk. But the appeal judges must have seen something in the new evidence, to allow the appeal. |
Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
Actually, Arthur, he was found guilty.
This has now been quashed, and there will be another trial. |
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Yes, Hugh he was found guilty. But his conviction was quashed. Therefore he has to go a new trial.
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
Thank you for repeating what I posted...
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Re: Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared
I wonder if the CPS will have the balls to follow through, to have been granted a retrial, the appeal must have something of significance. I still can't get it straight in my head how one of the two was innocent and the other guilty yet the events were minutes apart.
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i hope he sue's the woman for all his lost earnings
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Re: Footballer rape trial: Ched Evans cleared, Clayton McDonald cleared
Also a not guilty verdict is not evidence the accusor was lying.
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the real reason this angers me is there are people out there men and woman that have been victims of domestic violence or rape but it will never go to court because they see things like this and believe that they wont get any justice. Anyone who makes a false claim of rape must go to prison |
Re: Footballer rape trial: Ched Evans cleared, Clayton McDonald cleared
I've always been a believer of people who make up stuff, that if it's found out to be so (I know this case isn't that) then they get the same sentence that the accused would have got if found guilty, I think it would stop that kind of nonsense pretty fast.
I've read cases where someone's been accused of rape and worst and then it came to light that the person was telling porkies, most I've seen so far is a 6 month sentence - suspended. Not really deterrent worthy. |
Re: Footballer rape trial: Ched Evans cleared, Clayton McDonald cleared
A lot of folk have called him a lot of things (and worse), I wonder what they'll be thinking now. I suspect some will cite this as yet more evidence that the system doesn't take rape seriously and conviction rates are consequently far too low. Accusers could never possibly lie after all...
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You're not allowing for the fact there can simply not be enough evidence. You're not allowing for the fact two people can hold contrasting views of the same event. You're not allowing for the fact that a jury system is, while very good, fallible. You claim this angers you because there are victims of sexual assault out there but do you know how many of them would come forward if doing so could see them imprisoned if they're not believed, the jury decides the other way or the case simply isn't strong enough? I imagine very few. Rape convictions would fall to almost zilch. It's horrible. |
Re: Footballer rape trial: Ched Evans cleared, Clayton McDonald cleared
It's simple really, people accused of crimes like this need to remain anonymous until a verdict is reached at trial.
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It could well be that rape convictions are too low, certainly many women feel that sexual assault in our society (not just rape) has not been treated well in this country and if that wasn't true then how on earth did Saville get away with it for so long? Ched Evans is now innocent, people who say things about him now should watch themselves for libel. Hopefully he finds a club and gets to continue his career. This is a horrible situation all round. ---------- Post added at 16:08 ---------- Previous post was at 16:07 ---------- Quote:
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People forget we live in an innocent until guilty legal society. ---------- Post added at 16:16 ---------- Previous post was at 16:11 ---------- Quote:
You have to be joking or trolling, no one in their right mind could be so stupid as to think this. |
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on the second part i never said that if someone is found not guilty the claimant should go to jail, i said that anyone who makes a false claim should serve time man or woman |
Re: Footballer rape trial: Ched Evans cleared, Clayton McDonald cleared
there was a similar local case, a woman claimed to be gang raped, the local paper was all over the story depicting how horrible the men were etc.
However a friend of mine was on the jury, mixed men and women, unanimous not guilty, as they saw the video footage which showed a completely different story to the one in the papers, where the woman, demanded more, from more men. He said it was a horrible thing to watch, both the tape, and the people's reactions in court, it seemed that she woke up the following day and regretted what she had chosen to do the night before. however them men's names were dragged through the mud, their lives made a misery. |
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It's also about time that the punishments for false/malicious claims was increased. As it is, an innocent man, his wife and children can have their lives virtually destroyed by someone who walks away without anyone even knowing her name. That can't be right. |
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I still don't see how the jury returned the original verdict..and I guess I never will.
I just hope that he takes the whole matter as a worthwhile learning experience and that other young men(sportsmen or not) take this case to heart and learn that women should be respected no matter what the circumstances. |
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People may find this informative - lawyer's interpretation of what the verdict meant, not the tabloids' emotive views.
https://thesecretbarrister.com/2016/...ed-evans-case/ |
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A quick search suggests not In France, article 9 of the Declaration of the Rights of Man and of the Citizen 1789, which has force as constitutional law, begins: "Any man being presumed innocent until he has been declared guilty ...". The Code of Criminal Procedure states in its preliminary article that "any person suspected or prosecuted is presumed innocent for as long as their guilt has not been established"" |
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http://www.telegraph.co.uk/women/lif...bout-high-pro/ "Ched Evans’s girlfriend offered a £50,000 “bribe” to a key witness in his rape trial to help find new evidence to clear him, it can now be reported. Natasha Massey sent Facebook messages to Gavin Burrough, a receptionist at the Premier Inn near Rhyl. The 27-year-old wrote: “I’m literally begging ... If you know anything please help me.” The prosecution described her actions as “akin to bribery”. Her first message was sent at 12.12pm on May 6 2013. “There’s a £50,000 reward for any new evidence. “Do you know anything that could help Ched? X,” she wrote. |
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Don't know why the fact that he is a footballer is relevant to the case. What is relevant is that the woman had sex with at least 4 random men whilst too drunk. Only one of the 4 ended up being convicted. Women do go out with the express intention, formed whilst sober, of going out and getting drunk and having sex with a complete stranger. This woman did so on at least 3 separate occasions. |
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Re: Footballer rape trial: Ched Evans cleared, Clayton McDonald cleared
This case proves to me several things.
All the hypocrites who slagged him off. Clubs that were against him, sponsors who withdrew there sponsor ship dosh should be ashamed of themselves. The case relied mainly on the evidence of the case. I have been on a rape case on a jury. Rape is a very serious offence. It relies on the evidence put to the court, times, and what is stated by the victim. The Victim was a willing partner in the first instance with the first player. Then the second player joins in and the victim accepted this. Its only rape 'at point of entry' and the victim accepted the activity. IF, the victim had said NO, then that is rape. And also the words that 'were used' l like it 'rough' The idea that a 'bribe' was used l think is wrong. I think that most of this case has been hidden from the press. I read some of the of the case on my phone via Sky News. Rape, should be in the same legal line as Murder. Its a very serious crime. But at the end of the day, it all comes down to the evidence at the time. I feel for the victim. ---------- Post added at 23:26 ---------- Previous post was at 23:24 ---------- And also, the vitim said that she hadn't taken any drugs, which would hve made her 'docile'. But she said that she hadn't taken drugs, But in urine tests that she had taken. There were traces of drugs in her urine/ |
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This. Is worrying, guess poor people just have to suck it up. |
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TD's post below is about right ,both parties to blame .He put himself in a vulnerable position and she's just a tramp Quote:
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Seems to be a lot of discontent in the way this trial was conducted http://www.bbc.co.uk/news/uk-wales-37666228 |
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Pretty poor way to talk of women like that. I don't see any reason when it's wrong for women to have many sexual partners.
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I really don't want see comments like that again that she is a tramp or whatever, I think the social warriors attack on this girl has been over the top and pathetic, calling her a tramp, that was uncalled for, withdraw it or back out of the thread.
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