Quote:
The complainant stated that she had no memory of any sexual activity with either of the two men.
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She drank vodka and left at about 3am. She said that she could not recall leaving the bar.
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The complainant had no recollection of anything which took place after 3am. That extended to the fact that she and McDonald entered the hotel at 4.15am. The night porter described her as "extremely drunk". That reinforced the Crown's case based on the evidence of witnesses and the CCTV footage before she had arrived at the hotel.
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How on earth did McDonald get away with it?
If Evans hadn't turned up, would McDonald have faced a charge of rape and been acquitted? She had no recollection of either of them, therefore from her initial viewpoint later that morning she hadn't consented with anybody. She didn't know that 2 men were involved.