This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at https://www.theguardian.com/uk-news/2016/oct/14/ched-evans-retrial-jury-starts-deliberations

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Ched Evans rape retrial: jury starts deliberations Ched Evans rape retrial: jury starts deliberations
(35 minutes later)
Jurors have started their deliberations in the rape retrial of footballer Ched Evans. The jury in the retrial of the footballer Ched Evans has retired to consider whether he is guilty or not guilty of raping a 19-year-old waitress in a hotel room in north Wales.
The 27-year-old Wales international is accused of raping a 19-year-old woman at a Premier Inn near Rhyl, north Wales, in the early hours of 30 May 2011. Evans, 27, who has played for Wales, Manchester City and Sheffield United, was convicted in 2012 of raping the woman at a hotel in Rhyl, but cleared on appeal.
Evans, a striker for Chesterfield, walked into the room where fellow footballer Clayton McDonald was having sex with the woman. Evans claims McDonald asked the woman whether he could join in, to which she replied: “Yes.” During the retrial the jury has been told that the woman went back to a hotel with Evans’ friend and fellow footballer, Clayton McDonald. Later, Evans lied to get a key card to the room the pair were in and walked in as they were having sex.
He says he had consensual sex with the woman before getting up and leaving via a fire exit after realising he was cheating on his girlfriend. Prosecutors allege the complainant was too drunk to consent to sex and awoke hours later confused and alone in the room. Evans claims McDonald asked her: “Can my mate join in?” and she agreed. He had sex with her before leaving by a fire exit. He maintains the woman consented and denies rape.
During his retrial, Evans told Cardiff crown court the woman was no drunker than him or McDonald. The woman told the court she woke up the next morning with no memory of what had happened to her, and prosecutors allege she was too drunk to consent.
High court judge Mrs Justice Nicola Davies told the jury of seven women and five men that the issue of consent was central to the case. She said Evans should be found guilty if he did not reasonably believe the complainant, who cannot be named, was consenting. The judge, Mrs Justice Nicola Davies, told the jury of seven women and five men that the issue of consent was central. She said Evans should be found guilty if he did not reasonably believe the complainant, who cannot be named, was consenting.
However, she told the jury that drunken consent was still consent, and if the jury believe that was the case than Evans is not guilty. However, she told the jurors at Cardiff crown court that drunken consent was still consent – and if they believed that was the case then Evans was not guilty.
The jurors were given a “route to verdict” by the judge, who said they had to answer three questions – whether the complainant consented to having sex with Evans; whether the defendant did not genuinely believe she had consented; and whether his belief in her consent was unreasonable – before they could reach a verdict.
“Your decision must be made calmly, objectively and without emotion,” she said. “You are not here to judge the morals of any person in this case and this includes the complainant and the defendant.“Your decision must be made calmly, objectively and without emotion,” she said. “You are not here to judge the morals of any person in this case and this includes the complainant and the defendant.
“You are to try this case on the evidence you hear in this court in this trial and nothing else.”“You are to try this case on the evidence you hear in this court in this trial and nothing else.”
Jurors have been told that McDonald was acquitted of raping the woman during a trial at Caernarfon crown court in 2012.
Evans was convicted of the charge at that trial. His conviction was later quashed by the court of appeal.