BensGrandad
New member
No but it could mean her version of events wasnt true and she did give her consent as Evans has maintained, then it isnt rape.
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Ched Evans
- Thread starter Brighton TID
- Start date
No but it could mean her version of events wasnt true and she did give her consent as Evans has maintained, then it isnt rape.
This is my understanding as well.
I further explained my point while you were replying.
And that means she deserves to get raped?
No of course not. And I'm sure you don't mean that either, but it is where that stupid "she's not so innocent/little miss innocent" line leads. By trying to suggest she isn't so innocent there is an implied "yes, she was raped, but it doesn't count" position as the argument goes along the path it just did. Her innocence or lack there of is not a justification for him raping her. When Ched's supporters bring it up, that is the only way it goes.
If she lied and actually remembers consenting, if she has a history of lying, false claims, the argument isn't "well she's hardly innocent, is she!" the argument is "I don't believe her", focus on that if you believe it.
Leave the discussion of her innocence or lack there of alone, it only makes it seem like you are suggesting she deserves being raped.
No of course not. And I'm sure you don't mean that either, but it is where that stupid "she's not so innocent/little miss innocent" line leads. By trying to suggest she isn't so innocent there is an implied "yes, she was raped, but it doesn't count" position as the argument goes along the path it just did. Her innocence or lack there of is not a justification for him raping her. When Ched's supporters bring it up, that is the only way it goes.
If she lied and actually remembers consenting, if she has a history of lying, false claims, the argument isn't "well she's hardly innocent, is she!" the argument is "I don't believe her", focus on that if you believe it.
Leave the discussion of her innocence or lack there of alone, it only makes it seem like you are suggesting she deserves being raped.
BensGrandad
New member
Could that not be the case with some new evidence submitted. Just a thought what if she had told somebody said to be reliable, that what she said in evidence wasnt exactly true, not saying that is the case
No, they can only look at all the evidence presented during the trial. They could then send it back and I think they can suggest that the courts look at it again, that can include allowing another appeal or a retrial.
As I understand the law, the defence cannot bring into court evidence about the girls character unless reference is made to it by the prosecution. It works both ways, a prosecution cannot bring into evidence previous convictions unless the defence suggest something along the lines their client is a good citizen.
Not sure you'll find that is the case.
Extract from the CCRC site Q & A for potential applicants
https://www.justice.gov.uk/about/criminal-cases-review-commission/potential-applicants-guidance
What is “new evidence or legal argument”?
If we are going to be able to refer your case for an appeal we will
usually need to find some important new evidence or legal argument.
Usually this means something that was not covered at your trial or your
appeal. For example it may be new evidence not known about at the
time, or something that has changed since your trial, like the
appearance of a new witness or a new development in science. We
can’t usually look again at things that were known about by the jury,
the judge or the magistrates, even if you believe that they made the
wrong decision in your case. We need to identify something new that
wasn’t raised back then, and that the judges at your appeal didn’t
know either, that makes your case look significantly different now.
BensGrandad
New member
In the paper on Saturday it said he was looking at playing in Turkey and another said Ireland and come home after each game but a Justice Ministry spokesman said it is doubtful that he would be allowed to leave the country while on licence.
Barry Stir
New member
- Nov 3, 2009
- 24
No, that is not the law. A defendant's good character can be referred to and in this case I have no doubt that Evans' team will have made huge noises about his hitherto good character. However, the good character of a complainant/victim cannot be referred to. I know not whether the victim in this case had a clean record but if she did the jury will not have been told. Therefore, in that respect, Evans would have been better off.
However, if it is bad character, namely previous convictions or other reprehensible conduct, you must apply for it to be introduced against acuteness on the other side, including a defendant.
However, if it is bad character, namely previous convictions or other reprehensible conduct, you must apply for it to be introduced against acuteness on the other side, including a defendant.
Barry Stir
New member
- Nov 3, 2009
- 24
Acuteness should read 'a witness'. Apologies.
The Merry Prankster
Pactum serva
I don't understand this post. Are you really suggesting that the difference between rape and consensual sex is a small one?
The difference between rape and consensual sex is a three letter word!
The Merry Prankster
Pactum serva
It's already been noted by others that you're weird. Here's another example.
What an odd comment!
beorhthelm
A. Virgo, Football Genius
- Jul 21, 2003
- 35,992
to be fair, that is at the heart of this case, and why it is still being debated.
vegster
Sanity Clause
- May 5, 2008
- 28,260
I'm starting to feel a bit sorry for him in a strange way. If he was a plumber who committed the crime he would have served his sentence then probably just got another job as plumber and and try to re-build his life somewhere else. However, he has been forced out of Sheffield by the opprobrium and how has to look for somewhere else to start afresh. Will he get that chance ? probably not, as the moment he has any connection with another club the same furore will ensue.
Yes, he has committed a serious crime ( although under appeal I believe ) but I think he will hounded wherever he goes now.
Yes, he has committed a serious crime ( although under appeal I believe ) but I think he will hounded wherever he goes now.
The Merry Prankster
Pactum serva
No it's not. The debate is not one of interpretation or nuance. One says consent was given, the other says she was raped. One is lying. Jury and several judges say it's Evans.
Actually two say it was consent and the other claims she can't remember.
Nibble
New member
- Jan 3, 2007
- 19,238
I guess the lesson is.....DON'T RAPE PEOPLE.
I stand corrected, so in that case, it can only be new evidence and not what was presented in court the last time or had the Judge summed up. That would make it harder for him then.