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The Ched Evans trial showed how rape complainants are still put in the dock The Ched Evans trial showed how rape complainants are still put in the dock
(35 minutes later)
Ever wondered what it was like to report a sexual assault in the latter half of the last century? There is no need to source a rare copy of Roger Graef’s searing documentary A Complaint of Rape, or to bother sifting through social history books, because the events in Cardiff crown court this month have been an unedifying window into the past.Ever wondered what it was like to report a sexual assault in the latter half of the last century? There is no need to source a rare copy of Roger Graef’s searing documentary A Complaint of Rape, or to bother sifting through social history books, because the events in Cardiff crown court this month have been an unedifying window into the past.
The young female complainant was subjected to the kind of grilling about her sexual behaviour that was a throwback to 30 years ago.The young female complainant was subjected to the kind of grilling about her sexual behaviour that was a throwback to 30 years ago.
The woman, whose name has been illegally and liberally spread over social media for years, said she was the victim of a man much more powerful than herself, professional footballer Ched Evans - a man who successfully overturned his conviction for rape following a protracted legal battle. The woman, whose name has been illegally and liberally spread over social media for years, said she was the victim of a man much more powerful than herself, professional footballer Ched Evans – a man who successfully overturned his conviction for rape following a protracted legal battle.
The footballer had been convicted of raping the woman in April 2012, on the grounds that the 19-year-old was so drunk she was incapable of consenting to sex. But in the retrial that ended on Friday, the jury concluded differently: Evans was found not guilty in a case in which consent remained the central issue.The footballer had been convicted of raping the woman in April 2012, on the grounds that the 19-year-old was so drunk she was incapable of consenting to sex. But in the retrial that ended on Friday, the jury concluded differently: Evans was found not guilty in a case in which consent remained the central issue.
Following his initial conviction four years ago, Evans has fought to prove he was wronged ever since. When he lost his appeal later that year, supporters of Evans, including his partner’s millionaire parents, hired private detectives, put up a £50,000 reward for information, and went to the Criminal Cases Review Commission – which for no publicly explained reason fast-tracked the case out and brought it back to the court of appeal. Following his initial conviction four years ago, Evans has fought to prove he was wronged ever since. When he lost his appeal later that year, supporters of Evans, including his partner’s millionaire parents, hired private detectives, put up a £50,000 reward for information, and went to the Criminal Cases Review Commission – which for no publicly explained reason fast-tracked the case and brought it back to the court of appeal.
Here Evans’s lawyers produced two men – both known to the footballer’s circle – who said they had slept with the young woman in the weeks before and after the incident with him at the Premier Inn in Rhyl. They testified variously that she was sexually brazen, had demanded to be “fucked harder”, and assumed the same sexual position with them both.Here Evans’s lawyers produced two men – both known to the footballer’s circle – who said they had slept with the young woman in the weeks before and after the incident with him at the Premier Inn in Rhyl. They testified variously that she was sexually brazen, had demanded to be “fucked harder”, and assumed the same sexual position with them both.
These happened to be the same words and sexual positions that Evans had told police the woman had taken up during sex with him at a hotel room in the early hours of 30 May 2011. His account of what he said took place had been freely available on the internet – something the appeal court knew.These happened to be the same words and sexual positions that Evans had told police the woman had taken up during sex with him at a hotel room in the early hours of 30 May 2011. His account of what he said took place had been freely available on the internet – something the appeal court knew.
According to Vera Baird QC, it was a tactic many defendants in rape trials used freely in the past – called in their mates to testify to the woman’s promiscuity to undermine her credibility.According to Vera Baird QC, it was a tactic many defendants in rape trials used freely in the past – called in their mates to testify to the woman’s promiscuity to undermine her credibility.
It was Baird who helped draft the restrictions intended to stop that abuse of the criminal process: section 41 of the 1999 Youth Justice and Criminal Evidence Act was introduced to combat the twin myths liberally smeared on female rape complainants in the criminal process, effectively putting the complainant on trial – the myths that promiscuous women are more likely to consent to sex and less worthy of being believed.It was Baird who helped draft the restrictions intended to stop that abuse of the criminal process: section 41 of the 1999 Youth Justice and Criminal Evidence Act was introduced to combat the twin myths liberally smeared on female rape complainants in the criminal process, effectively putting the complainant on trial – the myths that promiscuous women are more likely to consent to sex and less worthy of being believed.
But the appeal court judges, exploiting the one exception in the legislation, said the accounts of sexual behaviour in the Evans case were so similar they could not reasonably be explained as coincidence. They quashed his conviction and ordered a retrial, and the evidence of the two men was heard in front of a jury for the first time.But the appeal court judges, exploiting the one exception in the legislation, said the accounts of sexual behaviour in the Evans case were so similar they could not reasonably be explained as coincidence. They quashed his conviction and ordered a retrial, and the evidence of the two men was heard in front of a jury for the first time.
So for the past fortnight the young woman, who has had to move house because of the social media campaign against her, has been subjected to the kind of criminal dissection of her morality and sexual behaviour campaigners hoped were long gone. So for the past fortnight, the young woman, who has had to move house because of the social media campaign against her, has been subjected to the kind of criminal dissection of her morality and sexual behaviour campaigners hoped were long gone.
Whether she said words to the effect of “fuck me harder” during sex with two other men was a key part of the trial.Whether she said words to the effect of “fuck me harder” during sex with two other men was a key part of the trial.
The court heard two independent witnesses who testified the girl was very drunk, had glazed eyes and was incoherent and stumbling on the night she encountered Evans. The law states that in order to give consent a woman, or a man for that matter, must have freedom and capacity to consent. For those who are not clear, that means not being under the severe influence of alcohol. But the jury, having heard the evidence in court, clearly were not convinced.The court heard two independent witnesses who testified the girl was very drunk, had glazed eyes and was incoherent and stumbling on the night she encountered Evans. The law states that in order to give consent a woman, or a man for that matter, must have freedom and capacity to consent. For those who are not clear, that means not being under the severe influence of alcohol. But the jury, having heard the evidence in court, clearly were not convinced.
Last year the director of public prosecutions, Alison Saunders, decided to tackle the stubborn prevalence of the kind of rape myths that were around in the 1980s – myths that social media seems to have amplified. Last year, the director of public prosecutions, Alison Saunders, decided to tackle the stubborn prevalence of the kind of rape myths that were around in the 1980s – myths that social media seems to have amplified.
“Capacity means that someone who is under severe influence of drink or drugs … or who is asleep, may not be able to consent to sex,” she wrote, adding, “Being drunk can make someone vulnerable, it doesn’t mean they were ‘up for it’.”“Capacity means that someone who is under severe influence of drink or drugs … or who is asleep, may not be able to consent to sex,” she wrote, adding, “Being drunk can make someone vulnerable, it doesn’t mean they were ‘up for it’.”
There has long been concern that lawyers have tried to undermine the protections given to rape complainants in section 41, including by slipping past sexual behaviour into evidence via medical reports.There has long been concern that lawyers have tried to undermine the protections given to rape complainants in section 41, including by slipping past sexual behaviour into evidence via medical reports.
Many fear the events in Cardiff crown court will mean more women are subjected to the kind of humiliating, intrusive and misogynistic dissection of their sexual behaviour which should have been consigned to history. Many fear the events in Cardiff crown court will mean more women are subjected to the kind of humiliating, intrusive and misogynistic dissection of their sexual behaviour that should have been consigned to history.