Ok, can someone help me out here (and before I start, I have been strongly against CE on many threads, and my DH is a respectful man, with no agenda on this - neither of us have huge amounts of knowledge about the legal system).
I was arguing about discussing this topic with DH last night - he said that he believes that what CE did was very wrong, and that it probably was rape, but he struggles to see how he could have been convicted beyond reasonable doubt that she didn't consent, or didn't have the capacity to consent. Basically how could the jury possibly know that it had been proven beyond reasonable doubt that she was too drunk to consent? We know that in this country the burden of proof is incredibly strong, circumstantial evidences is not good enough, it has to be proven.
Was it to do with the fact that she couldn't remember any of it the following day? In which case why was CM found not guilty of rape, as she didn't remember going back to the hotel room or having sex with him either, so her lack of capacity to be able to consent to him must have been exactly the same regardless of the fact that he spent more time with her before they had sex. Or was it something else? The blood alcohol levels indicate she wasn't all that drunk, and obviously there are various other bits of evidence such as CCTV and witness statements of the taxi driver/night porter - but again surely none of that can prove that she was incapable of consent when CE (or CM for that matter) penetrated her. The main evidence for conviction came from CE himself, who said that she did consent.
I said that I said that i thought that CM did rape her, but then as DH pointed out, if I am not 100% sure that they got it right on a not guilty, how can I be 100% sure on a guilty?
Obviously we can't know exactly how the jury came to their verdict but when DH was talking about this last night it did stump me a bit.