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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

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.

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!

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 16:42:52

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

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.

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!

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.

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

Beammeup - I thought the CPS brought the case.

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

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.

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...

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.

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

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.

annsixty Mon 17-Oct-16 11:09:48

I am so pleased that I am not a man hater.

Beammeupscottie Mon 17-Oct-16 11:07:13

Has anyone considered that the girl brought the action because he was a well-paid footballer?

Jalima Mon 17-Oct-16 11:01:00

16/10/16:
Police and crime commissioner for Northumbria and former solicitor general, Vera Baird, criticised the court's decision.

Speaking to Radio 4's Today programme, she said: "The only difference between a clear conviction of Mr Evans in 2012 and the absolute refusal of him having any leave to appeal at that time, and his acquittal now, is that he has called some men to throw discredit on (the woman's) sexual reputation.

"That, I think, is pouring prejudice, which is exactly what used to happen before the law in 1999 stopped the admission of previous sexual history in order to show consent.

So the only difference between the two trials, according to Ms Baird, is the evidence of two witnesses who were paid £50,000.

Despite previous links surmising otherwise, there will always remain lingering doubts about this case in the minds of many.

Jalima Mon 17-Oct-16 10:54:23

Latest from Ched Evans:
“She said she had a blackout but that didn’t mean, like it was said in court, that she didn’t consent.”
Utterly charming!

The woman is now emigrating because her life has been made such hell and she is scared because of the death threats she has received.

Jalima Mon 17-Oct-16 10:47:58

Anniebach I did not mean to offend, but I am asking if the jury were able to put all preconceived prejudices aside either in favour or not in favour of the accused.
Difficult if any of the jury were fervent supporters of the Welsh team and of him rejoining it. I know they are supposed to disregard anything they may have heard about the previous case, about anything they know about the accused but they are only human after all.

Yes, the same with any England supporters on the jury if the accused was a member of the English team. There would be that niggle of doubt as to whether or not every member of the jury is totally impartial.
As with any case.

Can everyone rise above such thoughts and just rely on the evidence presented to them in that particular trial?

Anniebach Mon 17-Oct-16 10:04:32

Are we in danger of saying no one should be responsible for their decisions?

Wobblybits Mon 17-Oct-16 09:58:22

FarNorth, I don't think any of us consider taking advantage of someone is anything other than crime to some extent or the other. With rape we are at the worse end of the scale.

Anniebach Mon 17-Oct-16 09:45:35

Jalima, I object to your comment - he was tried in Wales, you know the jury were all Welsh? Should English accused not be tried in England?

celebgran Mon 17-Oct-16 09:31:18

How could the partner have stood by him, I couldnt respect A man who had sex with a totlally drunk woman because it was available.

However the case is dressed up or what derogatory facts are dug up about victim that is what happened.

mumofmadboys Mon 17-Oct-16 09:22:07

To put a slightly different viewpoint ,the fact that his partner and his common law FIL are standing by him must mean something. I agree the whole story is very sad and sordid and clearly shouldn't have happened in the context of a happy/ meaningful relationship. I am certainly not condoning his behaviour.

FarNorth Mon 17-Oct-16 09:20:01

It's definitely sensible to try to keep yourself safe but it is still a crime to take advantage of someone who is 'out of it' for whatever reason, just as it's not okay to steal a drunk man's wallet if he leaves it on the bar, or doesn't object when you filch it out of his pocket.