belboid
Exasperated, not angry.
The Secret Barrister one. Also, there are the widely reported remarks by Vera Baird QC who says that that 'evidence' should never have been allowed in court.
Accused rapist Ched Evans to be released from prison
- Thread starter Bahnhof Strasse
- Start date
trashpony
Hag
The Secret Barrister blog.
Pickman's model
Starry Wisdom
cheers
pity baird didn't pipe up when the ccrc referred the matter to the appeal court
Spymaster
Plastic Paddy
This is the dodgy bit if it's true.
What did they say in court when the prosecutor asked them "why didn't you mention this when the police first interviewed you?" ?
belboid
Exasperated, not angry.
No one actually knew what the 'new' evidence was then tho, did they?
littlebabyjesus
one of Maxwell's demons
Case should never have come to court, and everybody loses as a result of it being brought. Absolutely everybody. From her original statements, the woman herself didn't understand the nature of alcoholic blackouts (this was her first one, it seems), and it appears the police and those deciding to prosecute didn't understand them either. I've experienced them more times than I'd care to admit, so the idea that you can lose hours of your life in which you find out later that you did all kinds of things is very normal to me. And reading of her night, it had all the hallmarks of a blackout. Talking to others outside of here and also reading posts on here, people who've never experienced one seem not quite to understand what it is. A fuck-up from start to end.
trashpony
Hag
I know you didn't. You did however say there were exceptional circumstances. They aren't.
belboid
Exasperated, not angry.
trashpony
Hag
Rape apologist.
bimble
floofy
Yes. The whole case as presented to the jury was about whether drunken consent is still consent then. As the CPS's statement makes clear:
Ched Evans retrial
Ed Beltrami, Chief Crown Prosecutor for CPS Wales said:
“We respect the decision of the jury today. This case hinged on the issue of sexual consent – that someone consents if they agree by choice and have the freedom and capacity to make that choice. Being drunk does not mean a person relinquishes their right to consent, that they are to blame for being attacked or that they were ‘fair game’.
“The prosecution argued that the complainant did not have the capacity to consent, but the jury found they could not be sure, beyond reasonable doubt, that the complainant did not consent, or that Evans thought she was not consenting.
“I would like to thank the complainant for her courage throughout this case, and the previous trial.”
Pickman's model
Starry Wisdom
if you're talking about the ones mentioned in the independent article linked to in this paragraph
i'm not sure women again against rape or end violence against women were expressing legal opinions or not.
Spymaster
Plastic Paddy
Totally out of order.
Pickman's model
Starry Wisdom
yeh. well, to my mind something referred to the court of appeal by the ccrc is not an everyday occurrence, and there are apparently stringent rules to prevent the introduction of the complainant's sexual history in court so when aspects of it are introduced in court in this case - and indeed the rarity widely commented on - it does seem to me exceptional.
Pickman's model
Starry Wisdom
i'm by no means a fan of littlebabyjesus, who i believe a vapid, banal liberal with the political nous of a lobotomised lobster: but it's a bit harsh to call lbj a rape apologist
Gromit
International Man of Misery
Pretty standard accusation on Urban. Thrown about as easy as a frisbee.
Pickman's model
Starry Wisdom
oh fuck off
Spymaster
Plastic Paddy
The implication being that the witnesses perjured themselves for £50k which they haven't yet been given.
Looby
Well-Known Member
Shut up.
it isn't - it just feels that way to you is all, cause it's usually you being called it.
Raheem
Well-Known Member
You say that as if you think it's implausible.
Pickman's model
Starry Wisdom
yeh but they must all have been in it pa, the ccrc, the court of appeal, the trial judge, the witnesses, the jury. amazing how far £50k will go these days.
Looby
Well-Known Member
Always!
Pickman's model
Starry Wisdom
the one thing that unites us all
Spymaster
Plastic Paddy
It's plausible but it's also extremely fucking dangerous given that they will go to prison if it's ever found out that they lied, and that's a strong possibility if they did.
crossthebreeze
Well-Known Member
Yes its always CPS who makes the decision to proceed with a case, and CPS that brings the case. The victim is just a witness for the prosecution, CPS does not act on their behalf. This is the same for all types of crime. That's part of the reason why measures that protect victims such as anonymity and prohibiting details about their sex life being brought up in court are so important - sexual assault and rape cases involve far more scrutiny of the victim than most other types of criminal case, yet victims do not have a lawyer specifically representing their interests in court.
Raheem
Well-Known Member
How would they ever be found out?
The implication would seem to be that the courts should never take into account the possibility that a witness might lie, even if it knows they have been offered money, simply because no-one would ever be so stupid as to break the law.
trashpony
Hag
But who's going to prosecute them? How are they ever going to be find out? She's already told them she remembers nothing of the nights in question. It's their word against hers, just as it's Evans against hers.
Men lie in rape trials ALL THE TIME. That's why the conviction rate is so low.
Orang Utan
Psychick Worrier Ov Geyoor
you could try and read up on it
Similar threads
