So he got away with it despite having his reputation trashed, becoming almost universally loathed and spending a couple of years in prisonHe got away with it because he's rich the super new evidence was his victim liked sex.
Not that she engaged in threesomes or was up for a bit mate can have a go as well
So he got away with it despite having his reputation trashed, becoming almost universally loathed and spending a couple of years in prison
Not my idea of getting away with something
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You're barking up the wrong tree here regarding s41.
There is a view here that the new evidence should never have been admitted IN LAW. The poster who is most vocal about that has hung his whole argument on it and conceded that the second trial jury's verdict was understandable given the admission of the new evidence, but the original guilty verdict would never have been quashed, thus no second trial, if the evidence weren't admitted. "No shit?" I hear you say.
So this argument is that the appellate judges got the law wrong.
They didn't.
The relevant bit of section 41 is section 3 (c) which allows the introduction of a complainants sexual behaviour if:
So if it's similar to that alleged by the defendant and took place at more or less the same time.
Kieron Vaughan (for Evans) argued that the the behaviour described by the witnesses was indeed similar. It referred to X taking control, adopting a specific position, and using specific words. People have argued that many people enjoy sex in certain positions, take control, and use certain words. That's true, and Ms Laws (for the prosecution) raised this, pointing out that such behaviour was not unusual. Trouble is, that's not the point. Section 41 does not require the behaviour to be UNUSUAL. It requires the behaviour to be SIMILAR. Vaughan argued that each of these behaviours individually were SIMILAR to what Evans had described, each alone satisfying the requirement, but taken cumulatively they could also reasonably be considered to be beyond coincidence (see section 58 of the appeal transcript).
The judges agreed with Vaughan, in that respect the law was satisfied.
The judges also considered the spirit of the law. That is that sexual behaviour should be excluded if any part of its purpose is to traduce the character of the defendant, which would prevent other victims coming forward, and "to counter the twin myths that unchaste women are more likely to consent to intercourse, and in any event are less worthy of belief".
That's not the case here. As the judges themselves noted very strongly, this has absolutely no bearing on the character of X because she hadn't made any accusations of rape or commented on consent herself.
So the law was good.
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from: farewell tara palmer-tomkinsonTo be clear, my current position is that the case shouldn't have been brought in the first place, and that the CofA shouldn't have allowed the new evidence that led to the second.
So he is back in the championship next season with the Blades Ched Evans: Sheffield United set to re-sign striker from Chesterfield
Difficult to know what to say really
Will put a tenner on sufc relegationSo he is back in the championship next season with the Blades Ched Evans: Sheffield United set to re-sign striker from Chesterfield
Difficult to know what to say really
What's your position now Spymasterfrom: farewell tara palmer-tomkinson
My emphasis.
I'm glad to see that you've had a complete and utter u-turn on this, Spymaster.
I dunno. It 'feels' wrong, but does that mean I'm saying anyone accused of a sex crime should only be allowed to work in the salt mines thereafter? I can't find a mental foothold on this one.So he is back in the championship next season with the Blades Ched Evans: Sheffield United set to re-sign striker from Chesterfield
Difficult to know what to say really
Dunno, seems just the sort of player I'd associate with that nefandous clubOn him getting signed again?
If clubs want to be associated with the grubby fucker, that's up to them. Wouldn't want him at Chelsea.
I dunno. It 'feels' wrong, but does that mean I'm saying anyone accused of a sex crime should only be allowed to work in the salt mines thereafter? I can't find a mental foothold on this one.
From a footballing point of view it's weird. He's not been that good at Chesterfield who have just been relegated from the division United have finished top of.Even speaking as a Wednesday fan, this seems spectacularly poor judgment from the United board.
They've just won their league at a canter and they're going to blow that positive vibe / PR / whatever, on a player that's clearly not the same as he was 6 years ago and is likely to implode under the spotlight and (deserved) abuse coming his way.
From a footballing point of view it's weird. He's not been that good at Chesterfield who have just been relegated from the division United have finished top of.
Was somebody on a promise to sign him once he'd put in a few months relatively away from the spotlight?