Sexism & racism & homophobia, god help us (2 Viewers)

[тхеодоре кацзынски]

Anyway, he got 6 years.

I'm off to read some internet comments. I suspect there'll be a lot of

He'll be out in half the time

Should have got life

Bring back the death penalty

and so forth.

 

[тхеодоре кацзынски]

Some GAA star at the 15 year olds too. Allegedly.

 

[тхеодоре кацзынски]

Adam Johnson lodges appeal over six-year jail term - BBC News

He may get his sentence reduced citing similar cases, I'm not sure how successful an appeal against the conviction will be though.

 

[Unicron]

Ched Evans verdict quashed. Re-trial ordered.

 

[тхеодоре кацзынски]

Details of the grounds of appeal can not be reported for legal reasons.

Interesting. We'll have to wait for the retrial.

 

[Unicron]

Interesting. We'll have to wait for the retrial.

Back in October when he was granted leave to appeal it seems related to information not available to the defence at the original trial.

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[тхеодоре кацзынски]

Nothing about it on the CCRC website unfortunately.
Adam Johnson will be looking on enviously.

 

[7 - No tomorrow]

Footballer Ched Evans

Shouldn't it be ex-footballer?

Is anyone familiar enough with the case to know how his co-accused was acquitted while Evans was convicted?
My memory is that the alleged victim was deemed too drunk to consent but both men admitted to intercourse.

 

[Unicron]

Shouldn't it be ex-footballer?

Is anyone familiar enough with the case to know how his co-accused was acquitted while Evans was convicted?
My memory is that the alleged victim was deemed too drunk to consent but both men admitted to intercourse.

I.think it was something to do with her having gone back to the hotel with the first guy and then Evans showed up in the room after she and the first guy had had sex.

R v Evans - Wikipedia, the free encyclopedia

 

[7 - No tomorrow]

I.think it was something to do with her having gone back to the hotel with the first guy and then Evans showed up in the room after she and the first guy had had sex.

Fair enough.

"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." -- Judge

This logic would seem to extend to the friend though. If she's too drunk on CCTV, then surely she's too drunk in the hotel room?

 

[тхеодоре кацзынски]

Shouldn't it be ex-footballer?

Is anyone familiar enough with the case to know how his co-accused was acquitted while Evans was convicted?
My memory is that the alleged victim was deemed too drunk to consent but both men admitted to intercourse.

R v Ched Evans (Chedwyn Evans) :: Crimeline

From that it seems that the lady in question went with McDonald to the hotel room and had sex, Evans showed up later and also had sex with her. I guess the fact that she actively went with McDonald, whereas Evans showed up later, may have had something to do with the decision.

It was open to the jury to consider that even if the complainant did not, in fact, consent to sexual intercourse with either of the two men, that in the light of his part in what happened -- the meeting in the street and so on -- McDonald may reasonably have believed that the complainant had consented to sexual activity with him, and at the same time concluded that the applicant knew perfectly well that she had not consented to sexual activity with him (the applicant).

(Evans being the applicant.)

It seems to hinge on whether or not the defendants believed that she had consented, in McDonalds case it's probably not unreasonable for him to believe she had, for Evans its rather less clear.

R v Ched Evans (Chedwyn Evans) :: Crimeline

That's all that's available on the quashing of the appeal.

(That crimeline seems a great resource, I wonder if the Irish system has anything similar, I've yet to come across it if so).

 

[7 - No tomorrow]

in the light of his part in what happened -- the meeting in the street and so on -- McDonald may reasonably have believed that the complainant had consented to sexual activity with him

This seems to me to be stretching the limits of consent to beyond breaking point.

 

[Unicron]

This seems to me to be stretching the limits of consent to beyond breaking point.

I agree, but we're all right-on internet feminists or whatever; a jury is made up of all sorts, plenty of whom might be of the opinion that regardless of how drunk the victim was her going back to the hotel has an element of inferred consent. It's not an argument that I might find compelling, but there's a big game theory element to jury trials aside from simple legal argument.

 

[7 - No tomorrow]

I agree, but we're all right-on internet feminists or whatever; a jury is made up of all sorts, plenty of whom might be of the opinion that regardless of how drunk the victim was her going back to the hotel has an element of inferred consent. It's not an argument that I might find compelling, but there's a big game theory element to jury trials aside from simple legal argument.

Which makes me think that he has every possibility of getting acquitted this time out, given the vagaries of juries and how consent is inferred.

I don't know what kind of feminist I am. Very interested in how this consent element plays out in court though.

 

[rettucs]

I've just realised that Ched Evans and Adam Johnston are 2 different people.

I need to familiarise myself with this case a bit before saying I hope someone breaks both his legs while he's awaying his retrial.

 

[Unicron]

Which makes me think that he has every possibility of getting acquitted this time out, given the vagaries of juries and how consent is inferred.

I don't know what kind of feminist I am. Very interested in how this consent element plays out in court though.

Just tell people "an intersectional one."

 

[тхеодоре кацзынски]

This seems to me to be stretching the limits of consent to beyond breaking point.

I was somewhat surprised myself, the law however allows that

In relation to these offences a person (A) is guilty of an offence if she/he:

• acts intentionally,
• (B) does not consent to the act, and
• (A) does not reasonably believe that (B) consents.

CPS Legal Guidance

That's his get out right there. He could (and presumably did) argue that her accompanying him back to the hotel room gave the impression that she was consenting to sex with him.

 

[тхеодоре кацзынски]

Ayr United criticised for topless model kit launch

'Strip'. Ho ho ho.

 

[тхеодоре кацзынски]

Paul Gascoigne to face racism charges over comedy show gag

Poor Gazza.

 

[Unicron]

Day 2 of Eva Carneiro's employment tribunal case against Chelsea and the sides have settled. Chelsea issued a fairly grovelling statement saying that she was totally in the right.