Footballer rape trial: Ched Evans cleared, Clayton McDonald cleared

This was in today's Times. (behind pay wall)

The jury of seven men and five women at Caernarfon Crown Court appeared to differentiate between the roles of the two men, contrasting the behaviour of Mr McDonald, 23, who had picked up the victim from a kebab shop, with that of his friend, who had joined in later.

But how was it different apart from pick up location?Surely in both cases she was still drunk and incapable?

[Derek]

Originally Posted by Maggy J

What surprises me is the lack of comment from the press, court and police about the two differing results.

There are a few bits and pieces in today's paper but nothing much. The Daily Fail is reporting on one of his team mates slagging off the victim on twitter and explains a bit more that one of them too the girl to the hotel while the other turned up a bit later on.

---------- Post added at 11:10 ---------- Previous post was at 11:09 ----------

Originally Posted by Maggy J

But how was it different apart from pick up location?Surely in both cases she was still drunk and incapable?

I'd have said so but juries can be a funny bunch.

Originally Posted by Maggy J

But how was it different apart from pick up location?Surely in both cases she was still drunk and incapable?

If the jury felt that in going willingly to the hotel room was a form of consent to sex then either they have been wrongly advised by the judge ,or the bias of men against women on the jury came into play .I favour the latter which i feel sums up everything that is wrong in rape trials

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.

No wonder the police get dispirited?

[Derek]

Originally Posted by Maggy J

No wonder the police get dispirited?

Thats nothing. It's different up here as the Police decide when to charge without having to jump through the CPS hoopla but when the charges are dropped/bargained away or they get a slap on the wrist after pleading guilty is pretty disheartening.

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...

Anyway this isn't over yet. I've no doubt the one found guilty will appeal the decision.

[mertle]

Originally Posted by Maggy J

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.

No wonder the police get dispirited?

I agree but if there was no evidence to support 1 but other was thats only thing I can conclude for different verdicts.

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 ----------

Originally Posted by Derek

Thats nothing. It's different up here as the Police decide when to charge without having to jump through the CPS hoopla but when the charges are dropped/bargained away or they get a slap on the wrist after pleading guilty is pretty disheartening.

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...

Anyway this isn't over yet. I've no doubt the one found guilty will appeal the decision.

Totally agree

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.

[budwieser]

Originally Posted by Paul M

So you know as a fact that they were both guilty of the same crime then ?

I prefer people to be found guilty of what they did, not what you think they did ...

So they didn`t both have sex with her then against her will or without her consent?

[nomadking]

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.

[mertle]

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

It follows a complaint by a leading rape charity which said the alleged comments on Twitter were "disturbing".

Holly Dustin, director of the End Violence Against Women coalition, and Rape Crisis England and Wales, said: "It is profoundly disturbing that the victim in the Ched Evans trial has been named and abused on Twitter and other social media sites.
"It has long been law that rape complainants are protected by lifetime anonymity and those who have named her have been reported to the police for committing a criminal offence.
"This raises serious questions about the adequacy of the criminal justice system to deal with offences that occur online and we are calling for an urgent review of laws and practices."

He is allowed to appeal

But that's about new evidence..I still don't understand the original verdict.

[techguyone]

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.

http://www.bbc.co.uk/news/uk-wales-36099522

Footballer Ched Evans has had his conviction for rape quashed at the Court of Appeal in London, but will face a new trial.

[Kursk]

Much of the content of Ched's website has sensibly been removed (for the time being at least).