Tuesday, October 20, 2015

 Yes means Yes and No means No -- except when you are Ched Evans

The conviction of British footballer Ched Evans for rape  has widely been decried. Because Yes does not mean Yes when you are Ched Evans, apparently. The woman concerned DID say Yes to him and made no complaint afterwards but a badly instructed British jury  in its stratopheric wisdom decided that Evans should have taken Yes to mean No. She was too drunk to give consent, apparently. Though how they know that and what is the relevant metric of drunkenness in those circumstances remains uncertain.

So it is a relief that the British justice system has now reopened the case -- after Evans spent over two years in jail.  Sex with women who drink must be harshly discouraged, it seems.  If that pompous dictum were taken seriously among the population at large, it would at least halve the British birthrate, I would think.  Alcohol and sex have a long history together, even among married people.

And the Yes means Yes mantra is a typically stupid feminist invention anyway.  There are many men who can attest that sometimes No means Yes.  I was always too impatient to play that game myself (apparently to some confusion) but it is a common one where the woman is embarrassed, shy etc.  Many women would think less of themselves if they said "Yes straight away.  The woman  would think that she was appearing "too easy". So men do sometimes have to decide whether a No really means Yes and they can obviously make the occasional mistake there, particularly if they are not too bright.

So one can only hope that the feminist mantra is vigorously preached to women too so that they will be less evasive and less confusing to men.  I am not holding my breath -- JR

A case drawn up by private investigators to clear the name of rapist footballer Ched Evans is believed to question the lifestyle of his victim and failures by police to seize crucial CCTV footage.

Earlier this week, the Criminal Cases Review Commission said that new evidence had emerged in the case which 'raises a real possibility the Court of Appeal may now quash the conviction'.

Now it has been reported that private investigators, hired by the father of his fiancee Natasha Massey, have spent 18 months finding new evidence and interviewing new witnesses, which they believe will help the 26-year-old have his conviction overturned.

It claims she was banned from the Zu Bar nightclub in Rhyl, north Wales, where she and Evans had been socialising separately that night and that a statement has been provided from a woman who had a 'significant 'conversation with the victim in a taxi on the way to a police station.

The dossier of evidence is also thought to criticise police for their investigation for taking Evans and co-accused Clayton McDonald to a police station in the same car and their alleged failure to seize potentially significant CCTV footage.

However, a source close to the appeal team has said the evidence is not a 'character assassination' of the woman but rather raises potential inconsistencies in her background.

The source told the newspaper: 'Some of the new ­information is being seen within Ched’s camp as highly significant.

'It would be easy to take the view that he has done his time and he should now just put it all behind him. But he has set his sights on it being quashed. 'Resuming his career is key to all his plans with his fiancée and the new baby they are expecting.'

Since being released from prison last year, Evans has been unable to find a new team, with several clubs offering him trials only to backtrack after a public outcry.

Evans applied to the Criminal Cases Review Commission in July 2014, and it received further evidence from his legal team earlier this year.

After a ten-month investigation, the commission is now referring the case to the Court of Appeal, based on ‘new information which was not raised at trial’ that could have supported his defence.

The court can now either uphold the conviction, quash it, or overturn it and order a retrial.

Evans denied rape in 2012, saying the sex was consensual, but he was found guilty by a jury at Caernarfon Crown Court. The prosecution said the woman was too drunk to consent to intercourse.

The woman was raped in a Premier Inn in 2012 after his footballer friend McDonald, who was cleared of rape, texted Evans on the way there saying: 'I've got a bird'.

McDonald had sex with the victim, before Evans arrived and raped her, while two others filmed it through the window.

After Evans's release from jail his old club Sheffield United, who used to pay him £20,000 a week, agreed to let him train with them.

But the League One club were plunged into crisis when three patrons quit, fans threatened a boycott and its main sponsor warned it would scrap their deal if they tried to sign him.

Evans started his career at Manchester City and cost Sheffield United £3 million when he signed for the team in 2009.

He scored 42 goals in 103 league appearances for the Blades and was set to sign for Oldham Athletic in a move that triggered a huge media storm following his release from prison before the plug was pulled on the deal.

It has been reported Evans has told friends that he wants his conviction quashed so he can find another football club and gain in a place in the Welsh national team for the European Championships next year.


Posted by John J. Ray (M.A.; Ph.D.).

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