BladeInIreland
Well-Known Member
- Joined
- Oct 8, 2015
- Messages
- 3,631
- Reaction score
- 6,441
I'm going to stop arguing about what's normal and not, were obviously not going to agree. However I'm interested still on what you said about the trial.I wouldn't agree that there isn't anything normal in sexual activity. You are listing a number of examples which might not be uncommon, but I wouldn't say they've got to the point of being "normal". As you say "not unheard of", but that's a long way from normal. All these instances have to be judged on their own merits. Just because one situation is ok, doesn't mean a similar situation is. And there are probably many occasions where one of these situations could land a man in court accused of rape. Some men probably need to be less blasé about making sure they have a woman's consent, especially where alcohol is concerned.
As I understand it, the verdict was overturned because the defence said the new witness evidence showed that Evans testimony about what she said to him matched what she had said on different occasions during sex with others. Therefore he wasn't making it up and if he had believed that her instructions to him constituted consent then it could be adjudged not to be rape.
The controversy is that the new evidence could not be introduced without suggesting to the jury that she was a bit of a slapper. You can't be sure that members of the jury aren't going to hold that against her.
Personally, I believe that the new evidence played very little role in the second verdict. The jury requested the video footage of her entering the hotel, which suggests to me that they were considering whether she was really too drunk to consent, or at least whether she appeared too drunk. That combined with the pointlessness of finding him guilty when he'd already served time made their decision fairly easy. But that is purely my opinion of how it went in the jury room.
Do we know what she said to him and other people?