Ched Evans wins appeal

[Childrenofthestones]

Sorry I can't link but it's on the BBC site.

[FreshwaterSelkie]

link

This is so depressing. I suppose we can expect waves of rape apologists through crowing about how they were right, etc etc. I wonder what the "new evidence" was?

I feel so desperately, desperately sorry for his victim in all of this. Her life must be in ruins. Poor woman.

[lougle]

Does ordering a retrial not indicate that the appeal judges think he may still be guilty, but it just wasn't safe to convict him in the original trial? It's not an out right acquittal, is it?

[OneFlewOverTheDodosNest]

I don't understand how he can have been convicted on his own testimony and has now won his appeal. I'm genuinely baffled.

I truly hope he gets a longer sentence as a result, but I can't imagine that will be any kind of help to his poor victim who will be dragged through a trial yet again. What on earth were they thinking?

[grimbletart]

Must be something to do with the so-called "new evidence" that his team allegedly brought to the appeal, I would think.

[VikingVolva]

The new evidence will not be made public, because that might prejudice the next trial.

The original trial verdict has been quashed, but he has not been acquitted (is that the right way of putting it?) air seems to me that this is like a reset button to the run up to the original trial, when he was charged with an offence, the prosecution believe they have a winnable case, and it will be decided by jury trial.

Has anyone seen info on when his fresh trial will begin?

[JessicasElephant]

There is a big difference lougle. Being quashed means a retrial so effectively its back to the same position he was in when he was charged the first time. An acquittal would be like being found not guilty at trial.

So, having spent ages explaining the law on consent to a whole bunch of people who, frankly, should have already known it, I'm going to have to spend some time explaining the difference between "innocent" as in "actually didn't do it" and "innocent until proven guilty" the legal concept. Some days I really do feel like throwing in the towel.

[BevyofQuails]

If he's convicted again following the retrial, is there any penalty for having put his victim through another trial? Or will he walk away as he's already served his time?

[VikingVolva]

The original sentence will be unchanged if he is convicted again (5 years, half inside, half in licence - he came out in Oct 2014, so that would be completed in April 2017).

Everyone is entitled to seek leave to appeal, and if there is an appeal then granted people are bound by the outcome. Even those who you think disgusting individuals. It's one of the very important checks and balances in the legal system. It would be wrong to make any part of that an additional offence.

[BevyofQuails]

I thought the impact of putting a victim through a trial was generally taken into account when sentencing? Wouldn't it follow that putting them through a second trial that ends in the same result should have consequences?

[Ladyleia]

When I read this I was just so sad for the poor victim. The only reason the trial even came to court was because she called the police as she didn't know where she was and how she got there. Poor poor girl. Makes you think twice about reporting an attack (which she didn't) when it could mess up your life for years and years afterwards

[MoggyP]

"Wouldn't it follow that putting them through a second trial that ends in the same result should have consequences?"

No, because in this country we don't penalise people for appealing.

[BevyofQuails]

Yes, you're right, of course. Bit of a kneejerk reaction I guess, that poor woman has been through so much.

[NewYearNewToads]

I hope she serves 30 months in prison, if it is proved her allegations were made under false pretenses.

What allegations did she make?

[BombadierFritz]

'You have heard rumours'
Oh well then, no smoke without fire eh?

[RudeElf]

I hope she serves 30 months in prison, if it is proved her allegations were made under false pretenses.

She made no allegations.

[greypubes]

What allegations did she make? Mainly that two men raped her. One served 30 months in prison for it and has continuously protested his innocence.

Wonder what the deleted messages contain? I thought she was too intoxicated to walk and function, keep her eyes open, etc.

Poor woman.

[weirdsister]

Nutter

[clam]

How about, instead of listening to rumours, you acquaint yourself with some of the facts of this case; namely, that the woman in question made no allegations at all, other than to go to the police station to report her missing handbag. The police then interviewed Macdonald and Evans and, following their own accounts of the evening, not hers, were tried for rape.

[RudeElf]

Mainly that two men raped her.

Where did you read that?

[NewYearNewToads]

What allegations did she make? Mainly that two men raped her.

Except she has never accused them of raping her.

Which you would know if you had bothered to read up on the case.

[greypubes]

www.dailypost.co.uk/news/north-wales-news/ched-evans-investigative-journalist-vows-6646793

[NewYearNewToads]

The woman in question originally went to the police as she thought her handbag had been stolen.

Evans and Macdonald were then interviewed and they told the police they had had sex with her. However upon questioning her about that, she told them she didn't remember.

The police then built a rape case against her wishes as they obviously thought she was in no state to consent. Obviously the jury agreed with them.

However the woman never accused them of rape nor did she claim to have been raped at any point. She simply maintained that she couldn't remember what happened.

Does that help you a bit greypubes?

[NewYearNewToads]

So again, what do you want her to serve time for?

[NewYearNewToads]

That article doesn't tell us anything we don't already know grey.