Quote:
Originally Posted by Damien
Again I wasn't in the court so we have to be careful here but....
My understanding was the because she went back to the hotel with McDonald he his defence said that could be taken as consent whereas since Evans was invited later he could not have have assumed consent?
|
Then why was MacDonald prosecuted? The case revolved her drunken behaviour before Evans saw her. If Evans hadn't been involved in the first place, would MacDonald still have been prosecuted? If events with the other 2 guys had turned out the same way, wouldn't they have also been prosecuted. That is at least 4 possible convictions. The central issue wasn't whether she gave consent, but whether she was too drunk to give consent. MacDonald must have considered that she gave consent with Evans, otherwise why did he leave? If Evans was guilty, then MacDonald was guilty of conspiracy at the very least. Evans was convicted on the basis that he said that she had said X, she said she didn't say that sort of thing, but the retrial found that she did say that sort of thing.