Ched Evans wins appeal

[Childrenofthestones]

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

witness claimed the alleged victim said “f* me harder” while they were having sex, two weeks after the alleged rape

Prosecutor Simon Medland QC suggested he had invented that evidence to help Evans and claim a reward of £50,000 offered on the Ched Evans website

The witness said he had a “clear recollection” of those words being said and “no doubt at all”

What the fuck does this have to do with anything?

Surely the new evidence amounts to more than simply the recollections of one bloke who had sex with her two weeks later! They wouldn't put her through a fresh trial purely on that basis, would they? Wow. Depressing if so.

Or....Are they trying to imply that she's sexually promiscuous - or that a genuine rape victim wouldn't have casual sex shortly after the offence? Maybe that's it. It's not so much what the anonymous chap is saying, but the fact that he was with her at all, might have the jury doubting her veracity.

Unless the witness had sex with her after entering her room uninvited using deceit to gain access and penetrated her within seconds of entering the room having never spoken to her at all then the witness is entirely irrelevant.

Ah...so it's the "fuck me harder" thing. She said it to one man so she must have said it to every man, every time of course.
Ffs.

This jogged a memory from Mr. Evans' first and unsuccessful appeal against conviction

www.bailii.org/ew/cases/EWCA/Crim/2012/2559.htm

At paragraph 26...

The third ground of appeal relates to fresh evidence. A civilian witness produced a statement which indicated that from time to time he had heard the complainant say that, having taken a lot of drink, she had no recollection of the previous night. That takes the applicant's case no further. It reinforces (if it is to be taken into account at all) that lacking memory after too much drinking was not asserted on this occasion for the first and only time. It was something which happened on other occasions. The matter is taken no further. Mr Fish rightly did not seek to rely on that evidence.

I wonder if its the same witness ?

"Ah...so it's the "fuck me harder" thing." Yeah, but isn't this just part of the standard male fantasy/porno script? Ditto the coming into a room whilst your mate is doing someone and joining in (and she's just totally enthusiastic and just wants more and more........). So the fact that two men come out with the same phrase (and whilst there's 50k being dangled about) is about as note worthy or meaningful as??????????

As others have said, I think the key here is the CE has admitted he didn't even talk to her, when he presented as a total stranger who'd broken into a darkened hotel room.........................

CE has admitted he didn't even talk to her, when he presented as a total stranger who'd broken into a darkened hotel room.........................

....and he then gives evidence that she asked him to perform oral sex on her.

The jury was told that Evans’s brother, Ryan Roberts, then 18, and another man were outside the hotel room peering in and filming with a mobile phone. Giving evidence, Roberts, now a 23-year-old maths teacher, said he saw McDonald having sex with the woman. “It appeared to me the woman was enjoying it judging by her reactions.” Asked if she seemed incapacitated, he replied: “She was fully participating. He said his brother sent him a text telling him: “You can go home, I’ll follow you.” Asked how he felt about what he did that night, Roberts said: “It makes me cringe. At the time I thought it was funny. Looking back it was immature and silly.”

Where is this man a teacher? Vile attitude, scary values towards teenage women.

CE has admitted he didn't even talk to her, when he presented as a total stranger who'd broken into a darkened hotel room.........................

....and he then gives evidence that she asked him to perform oral sex on her.

Which surely to any normal person just confirms how out of it she must have been? I mean, how drunk would you have to be to not completely freak out and scream if a strange man let himself into your locked dark hotel room and whipped out his penis?!

Is it legal to film someone on private property (which I am assuming a paid for hotel room is?) without their permission? Particularly private property which you aren't actually on and haven't been invited to be on?

This is why they have 12 people in the jury to ponder on these type of questions.

Good luck with the teaching career, Ryan.

Because I wouldn't let you within a mile of my DC.

"...and he then gives evidence that she asked him to perform oral sex on her."
In a darkened hotel room, if she hadn't reacted when he first came in, how could he be sure that she actually knew he wasn't the first chap? Just feels to me like he had that porno script running through his head when he was 'caught up in the moment', and wants the jury to assume she did too. You know, before he 'realised' he was actually cheating on his girlfriend and this was not a good thing............That asking a total stranger who has just barged into the room whilst you are having sex with someone else to join in is something that women do all the time (well, they do in porn, we all know that!).

"So really what they're saying is "I might have raped her too"" YES!

No way should Ryan Roberts be teaching in a school, any school. Ever.

Her sex life outside of this incident shouldn't have any bearing on this case. WTAFuck?

I bet Ryan Roberts having his name and teaching job out there wasn't part of this great plan.

Fucking hell, this is so depressing.

So she's a slutty drunk and therefore unrapeable. Got it. Fantastic. Great day for justice.

I also don't understand why her saying "fuck me harder" to a boyfriend 2 weeks later is in any way relevant. It's hardly an unusual phrase. I doubt she said it anyway given he came forwards after the first trial and when the rewards was offered.
Ffs. Is there anywhere to complain to about this? Fucking ridiculous grounds for anow appeal

I do wish prosecutors would ask directly "Why did you believe that she wanted you to put your penis in her vagina at that precise moment?" I think the answer would be revealing to the jury. I'd also like them to ask "why do you think that this wasn't a case of rape?". Because I wonder if CE (and CM for that matter) think it wasn't because they didn't ejaculate. He should be pushed hard about his own rape myths.

If this witness from 2 weeks later is the new evidence, that would mark a new low in rape trials. The crime is a single act of penetration. What happened after with a another man has no bearing on this case.

Guidelines on consent here www.cps.gov.uk/legal/p_to_r/rape_and_sexual_offences/consent/

The original case was followed closely on here and I don't remember reading about some of the details that have emerged in this one. If anything, it is painting a worse picture of the defendant (and CM) and hopefully the jury will see that.

I thought the words "I stopped having sex" were telling.

I agree with every word you say, FirstShiny.

Great post FirstShinyRobe

Surely that can't be the only new "evidence"? To quash a rape conviction which had generated a massive amount of publicity and highlighted the legal definition of consent, for that?

If that's the new evidence, I'm shocked. How could that possibly effect the conviction. What she did two weeks before, or two weeks after the rape is utterly irrelevant.

There is also no one's word but CE's and CM's that she said that to them. It's interesting that the hotel receptionist was close enough to hear them talking to her in a way that strongly suggests lack of consent ("Are you going to suck this cock or what?... No?"), but didn't hear her say the words they are claiming she did.

^ affect the conviction