Friday, April 20, 2012


Why would a footballer rape a woman to satisfy is sexual gratification, even if the young woman in question was very drunk and actually partook in the activity? Is a man then guilty of rape if the woman he had sex with is said to be too drunk to have sex even if she actually did? Am confused

Anyway, the gist is that Sheffield United and Wales footballer Ched Evans has been jailed for five years for raping a teenager who was 'too drunk to consent' to sex as two of his friends watched and tried to film it on a mobile phone.
                    Guilty as Charged: Chen Evans at Caernafon Crown Court                         

Former Manchester City striker Evans was found guilty of raping the then 19-year-old at a hotel following a night out in Rhyl, north Wales, in May last year.

His co-defendant, Port Vale defender Clayton McDonald, was found not guilty of the same charge.

During the trial, the court heard that, on the night of Sunday May 29, Evans and McDonald went out in Rhyl, socialising with friends.

In the early hours of Monday May 30, they had been separated after a fight involving their friend, Javan Vidal, another former Manchester City youth academy footballer.
CCTV footage played to the jury showed McDonald being approached by the complainant and getting into a taxi which she flagged down.

He then took the woman, whom he and Evans had earlier seen fall over in a kebab shop, to a Premier Inn hotel room that Evans had booked in McDonald's name.
During the drive to the hotel, McDonald called someone on his phone to say he was with a girl.

The complainant had been drinking wine, double vodkas with lemonade and had also had a sambuca shot.
In an interview with the police, she said she believed her drink was spiked that night because she was used to drinking heavily and had never 'blacked out' before.
The court heard that McDonald and the woman walked into the hotel 'linking arms" and went to his room.
McDonald said they sat on the bed and she immediately began touching his genitals.
Evans arrived shortly afterwards, went to the room and found the pair having sex.
McDonald claimed that Evans asked if he could get involved, while Evans claimed it was McDonald who asked him if he wanted to have sex with the woman.

Liverpool-born McDonald said that while they were having sex the woman was 'moaning and groaning like she was enjoying herself'.
Giving evidence, Evans said: 'She was not very drunk.
'She had had a drink, but she was not very drunk.'
He said she was 'in control'.
Both men denied that they had booked the room with a view to 'procuring' a woman or women to have sex with there.
As the incident took place, Jack Higgins, an 'associate' of the footballers, and Ryan Roberts, Evans's brother, watched through a window.
Video recordings found on Mr Higgins' phone showed he had been filming or trying to film the incident.
While Evans and the complainant were having sex, McDonald left.
The jury heard that, as he went through reception, he said to staff at the hotel: 'You know that girl I was with? Keep an eye her. She's sick.'
In cross-examination, McDonald denied he said the complainant was ill.
Evans, who had been with his girlfriend for 18 months at the time, left through a fire escape shortly afterwards.
He claimed he left because he was worried that his girlfriend, whom he is still with, would call while he was on his own in a room with another woman.
The complainant woke up the next morning, naked and alone in the hotel bedroom.

n Sentencing Evans to five years in prison, Judge Hughes said: 'The complainant was 19 years of age and was extremely intoxicated.
'CCTV footage shows, in my view, the extent of her intoxication when she stumbled into your friend.
'As the jury have found, she was in no condition to have sexual intercourse.
'When you arrived at the hotel, you must have realised that.'
He told Evans that he might have been used to receiving attention from women in the past due to his success as a footballer, but this case was 'very different'.
He said the sentence took into account that there had been no force involved and the complainant received no injuries.
He also said the complainant was not 'targeted' and the attack had not been 'premeditated'.
'You have thrown away the successful career in which you were involved,' he told Evans before sending him down.

David Fish QC, for the defence, told the court it was a 'sad day' for Evans.
'He is aged 23 and has, until now, had a promising career to which he has devoted his whole life since his teens,' he said.

In mitigation, Mr Fish said Evans had not targeted the complainant and had come to the matter 'very late'.
The court heard that both men admitted they had sex with the woman, who cannot be named for legal reasons, but the prosecution said she was too drunk to consent to sexual intercourse.

The jury first returned a not-guilty verdict on McDonald after four hours and 52 minutes of deliberations.
McDonald, of Marys Gate, Crewe, Cheshire, looked elated as the verdict was read out.
His family and friends in the public gallery reacted by shouting 'Yes, yes'.
One man left the courtroom and could be heard screaming.

Judge Merfyn Hughes QC then rose and everyone in the public gallery was ordered to leave the court.

McDonald remained in the dock with Evans, 23, of Ashtree Gardens, Millhouse Green, Penistone, South Yorkshire, who held his head in his hands and cried hysterically.
McDonald hugged Evans and the two footballers, who first met when they were both at the Manchester City youth academy, banged heads together.
When the judge returned to the court, the jury foreman gave the guilty verdict against Evans.

The Sheffield United centre forward threw the headphones he was using to follow the trial on the floor and then looked shocked.

Judge Hughes told McDonald he was free to leave the dock and after the footballer exited the court, shouts of 'No, no' could be heard.
Nita Dowell, Senior Crown Prosecutor for the Crown Prosecution Service in Wales, said: 'The Crown Prosecution Service respects the verdicts of the jury in relation to both defendants.
'Ched Evans took advantage of a vulnerable young woman who was in no fit state to consent to sexual activity. He did so knowingly and with a total disregard for her physical or emotional well-being.
'It is a myth that being vulnerable through alcohol consumption means that a victim is somehow responsible for being raped. The law is clear: being vulnerable through drink or drugs does not imply consent.
'Rape is an extremely damaging offence, but it can also be one of the most misunderstood and difficult to prosecute.

'The Crown Prosecution Service, in partnership with the police and other agencies, is working hard to help combat and dispel the myths and stereotypes that exist around the issue of rape.
'We want victims to feel that they can report an offence to the police, confident in the knowledge that their complaint will be taken seriously and they will be treated with respect.'

Detective Chief Inspector Steve Williams, the senior investigating officer for North Wales Police, said: 'I would like to pay tribute to the courage of the victim in this case, who has shown a great deal of resilience and strength in very difficult circumstances.

'I sincerely hope that the guilty verdict will provide some closure on this horrendous ordeal for the victim and that she will be able to rebuild her life which was shattered by the events of May 30 2011.

A statement released on behalf of Evans read: 'Ched Evans is shocked and extremely disappointed with the decision reached today by the Jury at Caernarfon Crown Court to convict him of the charge brought against him.
'Mr Evans firmly maintains his innocence in this matter and is being advised regarding an appeal of the decision.

No further comment will be made whilst the legal process is ongoing.'
                    Ched Evans has scored 35 goals for Sheffield United this season

Sheffield United said the club recognised 'the seriousness of these events and as such wishes to respond in a responsible way when it has taken sufficient time to consider the matter fully'.

Evans started his career at Manchester City, making his debut at 18-years-old in a Carling Cup tie against Norwich in September 2007.
The Canaries took him on loan in the Championship for the 2007/08 campaign where he scored 10 goals.

He impressed enough to be called up to the Wales squad in May 2008 by then manager John Toshack where he made his international debut, scoring in a 1-0 friendly win over Iceland. He has since won 13 caps scoring twice.
Evans spent the following campaign making mainly substitute appearances for City before being transferred to Sheffield United in the summer of 2009 for £3million.

After scoring 13 goals in two seasons playing in the Championship, Evans enjoyed a prolific campaign in League One this term. The Welshman netted 35 goals in 42 games for the Blades, and was named Player of the Month for March.


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