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Drunken sex

(90 Posts)
grannyactivist Sat 15-Oct-16 17:08:00

The law on sexual consent, as it stands, is that if a person is above a certain level of intoxication/inebriation, there is a presumption that he/she is incapable of giving consent. Before engaging in sexual activity with someone, it is therefore the responsibility of each party both (a) to obtain consent and (b) to ensure that the other party is in a state where he/she is capable of giving it.

So what happens if BOTH parties are drunk? Seriously I can't get my head around this law - if, following drunken sex, the man claimed he had been raped because he wasn't in a position to give consent, could the woman counter-sue because she was equally drunk? In which case isn't sex between two drunk people always rape?

Someone help me out here. confused

Jalima Mon 17-Oct-16 11:14:32

I am so pleased that I am not a man hater.
What on earth does that mean annsixty?
Does it mean that you think this young man's behaviour was acceptable even though he was found not guilty rape? shock

I hope that my son would never behave like that towards a woman; in fact he got himself a bloody nose once when he was a teenager trying to defend a young lady (whom he did not know) when the girl's boyfriend was pushing her around.

Rigby46 Mon 17-Oct-16 11:17:50

Apparently Evans' half brother who was trying to film the 'event' through the window is a teacher - wouldn't want my dgc taught by him

gettingonabit Mon 17-Oct-16 11:22:30

In the eyes of the law, he's not guilty. Which is not quite the same thing as innocent. It doesn't mean he didn't do it. It doesn't mean there wasn't doubt in the minds of the jury.

It simply means that there wasn't enough evidence for the jury to convict safely. The verdict has to be "beyond reasonable doubt".

Tricky for any jury.

Anyhow, Ched is free to pursue his footballing career; woman's identity is protected and hopefully, she will move on too.

Ana Mon 17-Oct-16 11:33:27

Yes, to the other side of the world, where she'll always be looking over her shoulder...

annsixty Mon 17-Oct-16 11:43:22

That is exactly what the article by the Secret Barrister said. The jury was not 100% sure of his guilt or innocence. This trial could be held every month in England, Scotland or Wales and I believe the jury would be divided each time. We do not know what happened because we were not there. If I believe what I read the girl was persuaded by the police to bring the action when she reported a lost handbag. She did not report a rape as she did not know what had happened. I also read that someone climbed out of a window. In all of the Premier Inns I have stayed at, the windows open just about an inch and are alarmed so the staff would have been alerted to this. We must be very careful what we believe.

Anniebach Mon 17-Oct-16 11:54:49

Jalima , you did offend by suggesting he got off because he is Welsh and the trial was in Wales, the jury reached their verdict , seems they are ardent Welsh football fans

Rigby46 Mon 17-Oct-16 13:34:58

Beammeup - I thought the CPS brought the case.

JessM Mon 17-Oct-16 14:56:25

Evans has not been selected for the Welsh squad since his original conviction, so no reason to think he would make the grade now.
He has already served time for this crime and I hope he is satisfied that he has "cleared his name" and will let things lie so that the young woman involved can finally get on with her life without harassment.

Jalima Mon 17-Oct-16 15:05:44

Jalima , you did offend by suggesting he got off because he is Welsh and the trial was in Wales, the jury reached their verdict , seems they are ardent Welsh football fans

I didn't actually say that at all

I said
And, of course, he was tried in Cardiff; there can not be many people who would be able to disregard the previous trial. There may even be people who support him, online and elesewhere, who know he plays for Wales.

I said that the media, newspapers, online forums etc have been full of the previous trial and the fact he had played for Wales and that it could be difficult to disregard that, but that is what a jury must do and not show prejudice in favour of or against someone for whatever reason.

There have been many cases where a defendant has objected to members of a jury for a reason and they feel any verdict could be adversely prejudiced, that is why they have other people standing by ready to take their place.
Anyone who had not heard anything about the previous trial must have been living with their head in the sand. Difficult to ignore everything they know as I said, but that is what a jury must do.

Annie having your words twisted and misinterpreted is really annoying - as you know!

Beammeupscottie Mon 17-Oct-16 16:36:03

Rigby64. To be honest, I don't know. But it always concerns me when high profile people are involved in these scandals. I feel that traps are being set.

Penstemmon Mon 17-Oct-16 16:42:52

beammeup she did not bring the case, It was the police who presented it to the CPS.

Jalima Mon 17-Oct-16 16:48:35

She couldn't remember anything.

What happened to the film on the mobile phone?

Penstemmon Mon 17-Oct-16 16:54:41

The footballer did not have to have sex with her. It was his choice..absolutely no excuses. I don't doubt he enjoyed the attention being a minor celeb brought him and did not have the sense to keep it in his pants!

Elrel Mon 17-Oct-16 17:25:37

She may have remembered something. She allegedly originally posted on Facebook about what she'd been doing with two footballers. Then it was allegedly taken down, but does anything removed from Facebook get completely deleted?
What an unnecessary mess they all seem to have made of each other's lives.