UK - Ched Evans for rape of 19yo woman, Rhuddlan, Denbighshire, 2011

CoverMeCagney

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Here you go guys:

  • A woman raped by footballer Ched Evans in a hotel had "no idea what on earth was happening", a court has heard.
  • The Chesterfield striker denies raping the 19-year-old at a Premier Inn in Rhuddlan, Denbighshire, in May 2011.
  • Mr Evans, 27, was found guilty of rape at Caernarfon Crown Court in 2012, but his conviction was quashed in April.
  • Jurors at his retrial at Cardiff Crown Court were told the woman was intoxicated and could not have consented to sex, as Mr Evans claims.

http://www.bbc.co.uk/news/uk-wales-37551789
 
I find so much of this story similar to Adam Johnson and even the support they receive - as though if you can kick a ball, you can't be SO bad ... if it were up to me, I'd euthanise them both .
 
Thanks for this Cags

Mrazda, can you bring over your post re the rules, it was really useful
 
Mark Hutchings @markhutchings1 · 3h

Jury told victim will give evidence tomorrow from behind a curtain, as is common in such cases.
 
Interesting wording


Paul KelsoVerified account @pkelso · 2h

"The victim could not consent.. she was raped by this young footballer. Not proper to say he had sex with her, rather he did sex to her"
 
Jury shown video of police interview

The jury is being played a video of the teenager’s police interview, which was recorded on May 31, 2011.

The young woman told officers she finished work late on May 30 and went to Zu Bar with friends in Rhyl.

The court heard she had several drinks and remembered dancing, but could remember little after that.

She said she “vaguely” remembered going to a kebab shop.

The next thing she remembered was waking up with no clothes on in a room in Premier Inn.

She said: “I just can’t remember anything.”

As the complainant in a sexual offence case, the woman has the automatic right to lifetime anonymity.


http://www.mirror.co.uk/news/uk-news/ched-evans-rape-trial-live-8981295
 
Woman woke 'dazed and confused'

The woman, who was 19 at the time, said she could hardly remember anything after dancing in the bar in Rhyl.

Describing how she felt when she woke up, she said: “I just felt dead confused. I didn’t know where I was. I felt dazed.”

She told officers she believed her drink may have been spiked.

She added: “I do drink, but not to the point that I can’t remember anything.”

Prosecutors said yesterday they do not allege that Evans spiked her drink. They confirmed there was no evidence her drink had been spiked.

The police officer asked her how much she had drunk that evening.

The woman said she had two glasses of wine when she finished her shift as a waitress.

She said the bar was “really busy” because it was a bank holiday weekend.

While she was at the bar, she had four glasses of double vodka and lemonade and a shot of sambuca.

She told the officer: “I felt tipsy, but I didn’t feel out of control. I just felt a bit tipsy.”

She said she would usually drink more than that and had never “blacked out” before.


http://www.mirror.co.uk/news/uk-news/ched-evans-rape-trial-live-8981295
 
It's just a blur'

The woman said the last thing she could remember clearly was dancing in Zu Bar.

She then had a “vague recollection” of being in a take-away.

She said: “I don’t remember anything after that and that was just a blur.

“The main kebab shop everyone goes to is The Godfather, but I don’t know if it was that one.”

The court heard she struggled to pick up a slice of pizza.

She added: “It’s just a blur.”

The woman told officers she could remember hearing a male voice in the kebab shop, but could not remember speaking to anyone she didn’t know.

She added she could not remember how she got to the Premier Inn in Rhuddlan.

The complainant told police she woke up to find her clothes scattered on the floor around the bed.

She said she “panicked”.

The court heard she had never stayed in the Premier Inn before.

She added: “I was just dead confused about how I got there. I didn’t know how I’d got there or who I’d gone with. I was really shaken up by it.”

The woman told police she panicked because she could not find her handbag when she woke up.

She said she could not find the reception, because she couldn’t remember how she got into the hotel.

She added: “I didn’t know how I’d got there. I didn’t know who I’d gone with. I was confused by why I wasn’t at my house.”

That is the end of the first police interview.


http://www.mirror.co.uk/news/uk-news/ched-evans-rape-trial-live-8981295
 
The woman allegedly raped by the footballer said she woke up naked in a hotel room alone and could not remember how she had got there, the court heard.

It is the prosecution’s case that the complainant was too drunk to have consented to sex with the Wales international and that the defendant “left surreptitiously” via a fire door afterwards.

On the second day of the new hearing, jurors watched the DVD recording of the complainant speaking to police, which has now ended.

The second statement recorded in July 2011 is now being played.

The jury are now being played the video of the second police interview, recorded on July 15, 2011.

The alleged victim was still 19 at the time.

The prosecutor said the second interview took place after results of toxicology tests carried out on the complainant.

The court heard cocaine and cannabis were found in blood and urine samples from the woman.

She told police she had tried the drugs before, but had not taken them recently.

The woman told police she had tried cocaine a few weeks before the incident.

She said she had tried cannabis with a friend after work a week or two before the incident.

The teenager said she had tried cocaine two or three times and had smoked cannabis a few times.

The alleged victim told officers she had tried both drugs with friends.

She said she had not knowingly taken any drugs the weekend the alleged rape occurred.

The woman said she had taken cocaine when she had been out with friends previously.

Explaining how she felt on the night of the incident, she said: “I had never felt like that before.”

She said again she believed her drink had been spiked.

That is the end of the video interviews.


http://www.mirror.co.uk/news/uk-news/ched-evans-rape-trial-live-8981295
 
Alleged victim thinks she had drink spiked

In its opening of the case, the Crown said the woman had been seen “staggering” drunk in a kebab shop before getting into a taxi with Mr McDonald and going to the Premier Inn.

Hotel staff said Evans arrived 15 minutes later in a taxi.

The complainant later said she believed her drink had been spiked by someone because she had not drunk that much.

The woman said: “How did I get to the Premier Inn? I don’t know.

“I was just dead confused as to how I had got there and who I went there with. I didn’t know what had gone on.”

Prosecutors have previously said that, if the woman’s drink had been spiked, there was no suggestion that either Evans or Mr McDonald had done it.

http://www.mirror.co.uk/news/uk-news/ched-evans-rape-trial-live-8981295
 
Rupert Evelyn ‏@rupertevelyn 5m5 minutes ago

Back in court. About to hear evidence in person from Ched Evans' alleged victim. She is sitting behind a screen in the court
 
Subscribed but not sure how much I can follow this.

Ched Evans really disgusts me. I was on his website once and it was so awful and full of victim blaming.

I find his girlfriend and her father odd too. Why is he spending this much money defending Evans? At worst he is a rapist, at best he cheated on her. And they have a son together, born this year!
 
I agree Flutterby. I am catching up on line but I dont feel like posting up any more verbatim reports. He totally disgusts me too.

One of the many things that stands out to me is, why, when he presumably had a decent size home in Rhyl, did he have to book a room in a budget hotel for his pal to stay in ?
Surely if a friend is visiting you accommodate them at home. Only reason I could see for that hotel booking was because they were planning a boys night out with the possibility of picking up girls and couldnt take them back home, as he lived with his girlfriend. ( now fiancee ).

Will be interesting to see what the new evidence is that is allowing this re trial to take place.
 
I knew there was something that was annoying me .... yesterday, in the live coverage from the Mirror. The victim is now being described as the complainant !

A complainant is someone who has a dispute re money or property or such like - a victim of rape, even if at this stage it is only an alleged charge, is still a victim.
Huge bias there in word usage.
 
Such class ........


Alexandra Hartley ‏@AlexCHartley 3m3 minutes ago

Mr Evans : I’ve had a threesome before with Clay. The girls like it. They’ve got two footballers. Where ever we go, we attract girls.
 
Thanks for this Cags

Mrazda, can you bring over your post re the rules, it was really useful
Sorry Alyce, only just found your posts, for some reason they didn't pop up as a notification as normal.

Here's the info regarding re-trial sentencing.

Schedule 2, para.2(1) of the Act states: “Where a person ordered to be retried is again convicted on retrial, the court before which he is convicted may pass in respect of the offence any sentence authorized by law, not being a sentence of greater severity than that passed on the original conviction.”<br />
<br />
The effect – and Parliament’s intention – is that a defendant appealing their conviction knows that, if convicted at a retrial, they will be in no less favourable a position in relation to sentence. Without such a prohibition, the power to impose a more severe sentence after a retrial would arguably be a deterrent to appeal if the original sentence was perceived to be lenient. That proposition is supported by R. v. Elrayess [2007] EWCA Crim 2252. The appellant, convicted of money laundering, was sentenced to 50 weeks’ imprisonment, suspended for 12 months. Counsel settled grounds of appeal and the Criminal Appeal Office received the application. Subsequently, the appellant’s solicitors filed a form abandoning all proceedings in the Court of Appeal. This was based on erroneous legal advice given by counsel that, if the appeal succeeded, the court could direct a retrial and the appellant could then face a more severe sentence than that originally imposed. He subsequently applied to have the notice of abandonment treated as a nullity. That was granted and the application to appeal would be considered by the single Judge in the normal way. It can be seen the threat of a more severe sentence can operate as a deterrent to appeal.<br />
<br />
Recent Cases<br />
Issues with sch.2, para 2(1) arise sparingly. Recent examples are R. v. Dobson [2013] EWCA Crim 1416 and R. v. Robson [2009] EWCA Crim 1472. The issue also arose in the Danny Nightingale case before the Court Martial.<br />
<br />
In Dobson, the court considered the position where a defendant was acquitted of one of two rape counts. After the first trial, the appellant received nine years for both rapes. After the retrial, at which he was convicted of one rape, he was given nine years. It was accepted the appellant could not legitimately complain that nine years for the one rape count was manifestly excessive. The only complaint was the sentence offended sch.2, para.2(1). The Court of Appeal took the view the appellant should not legitimately be able to consider himself as having been sentenced for offences for which he was not convicted. Accordingly, the sentence would be reduced by one year. The court considered there was force in the argument that the term “original conviction” could not be construed as meaning “the sentence passed for the total criminality”.<br />
<br />
In Robson, the Court of Appeal held that a) a SOPO was “a sentence” for the purposes of sch.2, para.2(1), and b) therefore after a five-year order had been imposed after trial one, an indefinite order imposed at trial two was unlawful.<br />
<br />
This once more highlights the puzzling absence of a duty imposed upon the Court of Appeal (and the lower courts, while we’re at it) to impose the correct sentence. If an indefinite order is necessary, why should such an order be barred?<br />
<br />
Whilst the sch.2 restriction on imposing a more severe sentence has been shown in practice to operate as a deterrent, the retrial is a new trial during which a case can be presented differently, arguments can be pitched differently and witnesses can behave differently. Essentially, the retrial is a different trial; why then should the second trial Judge (whether or not it is the same Judge) be bound by the decision of the first, which was made on the way in which the first trial developed?<br />
<br />
Surely the sentence imposed should reflect all the facts as they were established at the second trial. If, on a retrial, a defendant is convicted but on a more favourable basis than in the first (perhaps a prosecution witness’ evidence is weaker or the defendant performs better in the box), the Judge is not permitted, when sentencing, to say: “Ah, but in the first trial …” Why should it work in the reverse?<br />
<br />
My conclusion is two-fold. First, the curious absence of a duty to impose the correct sentence needs correcting; such a provision is long overdue. Secondly, the restriction in sch.2 operates only as a hindrance; how can a defendant legitimately complain at receiving a lengthier sentence at retrial, if the Judge thought it appropriate? A defendant in such a position could challenge a manifestly excessive sentence in the usual way. Repealing this injudicious provision would promote fairness and consistency in sentencing.<br />
<br />
Author details<br />
Gray’s Inn, editor of Banks on Sentence and the UK Criminal Law Blog (ukcrime.wordpress.com). <br />
<br />
So, if found guilty again, the maximum term can not be more than he was given last time ... shame.
 
I agree Flutterby. I am catching up on line but I dont feel like posting up any more verbatim reports. He totally disgusts me too.

One of the many things that stands out to me is, why, when he presumably had a decent size home in Rhyl, did he have to book a room in a budget hotel for his pal to stay in ?
Surely if a friend is visiting you accommodate them at home. Only reason I could see for that hotel booking was because they were planning a boys night out with the possibility of picking up girls and couldnt take them back home, as he lived with his girlfriend. ( now fiancee ).

Will be interesting to see what the new evidence is that is allowing this re trial to take place.
I haven't read/heard too much about the guy who was found innocent (probably because he was found innocent) but I've always thought that - that it was somehow something that they did often. Booked a room, then if one of them managed to get a girl back there then they would all turn up and join in. Makes me wonder if there are any other girls out there who have willingly gone back with one only to end up either coerced into group sex or raped, conscious or not and they either don't remember it or don't report it for ... well, all the many reasons that this type of crime goes unreported.

In this case, if she hadn't have lost her handbag, would she have gone to police?
 
Case resumed this afternoon.

Pros ended with details about the website set up by CE - as below.

The prosecutor is reading a final piece of agreed evidence.
The court heard a website was set up and in April 2013 a reward was posted.
A post was published offering a reward of £50,000 for information that would lead to the acquittal of Ched Evans in the Court of Appeal.
The post was removed when the case was referred to the Court of Appeal.


http://www.chesterchronicle.co.uk/news/live-former-chester-fc-footballer-12002146
 

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