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Social media naming of Ched Evans's accuser raises legal questions Social media naming of Ched Evans's accuser raises legal questions
(35 minutes later)
One of the most extraordinary features of the Ched Evans case was the manner in which the complainant was abused on social media and her identity revealed.One of the most extraordinary features of the Ched Evans case was the manner in which the complainant was abused on social media and her identity revealed.
By the time Evans was jailed in April 2012 she had been named thousands of times. The woman was forced to relocate from her hometown of Rhyl and change her identity but even during the retrial this month, she continued to be named and abused.By the time Evans was jailed in April 2012 she had been named thousands of times. The woman was forced to relocate from her hometown of Rhyl and change her identity but even during the retrial this month, she continued to be named and abused.
In November 2012 nine people pleaded guilty at Prestatyn magistrates court in north Wales to publishing material likely to lead members of the public to identify the complainant in a rape case, contrary to the Sexual Offences (Amendment) Act, 1992.In November 2012 nine people pleaded guilty at Prestatyn magistrates court in north Wales to publishing material likely to lead members of the public to identify the complainant in a rape case, contrary to the Sexual Offences (Amendment) Act, 1992.
Six were from north Wales, including Ched Evans’s cousin Gemma Thomas, three from Sheffield, where Evans played (for United). One tweeted: “She is to blame for her own downfall. Lets find her address.”Six were from north Wales, including Ched Evans’s cousin Gemma Thomas, three from Sheffield, where Evans played (for United). One tweeted: “She is to blame for her own downfall. Lets find her address.”
The nine claimed they were not aware naming the woman was a criminal offence and were ordered to pay £624 compensation each.The nine claimed they were not aware naming the woman was a criminal offence and were ordered to pay £624 compensation each.
At a Welsh Women’s Aid violence against women conference, police said a “relocation package” was put together after the abuse she received.At a Welsh Women’s Aid violence against women conference, police said a “relocation package” was put together after the abuse she received.
The conference discussed whether the existing legislation aimed at preventing “conventional” media from divulging the complainant’s name was now out of date and was difficult to apply to social media.The conference discussed whether the existing legislation aimed at preventing “conventional” media from divulging the complainant’s name was now out of date and was difficult to apply to social media.
Little appears to have changed. The naming and abuse continues.Little appears to have changed. The naming and abuse continues.
After the jury had been sworn in for Evans’s retrial in Cardiff, the judge, Mrs Justice Nicola Davies, was furious that a blog had identified the complainant and made – in the words of the prosecution – “outrageous assertions” about the case. The prosecution called it a “flagrant” breach of the law and raised the possibility that the trial would have to be abandoned.After the jury had been sworn in for Evans’s retrial in Cardiff, the judge, Mrs Justice Nicola Davies, was furious that a blog had identified the complainant and made – in the words of the prosecution – “outrageous assertions” about the case. The prosecution called it a “flagrant” breach of the law and raised the possibility that the trial would have to be abandoned.
The blog was referred to the attorney general’s office. The solicitor general, Robert Buckland QC, has referred it to the police for a criminal investigation to take place.The blog was referred to the attorney general’s office. The solicitor general, Robert Buckland QC, has referred it to the police for a criminal investigation to take place.
But postings continued. An Ireland-based blogger, Ciaran J Goggins, was among those who carried on commenting on the case – and the complainant – during the trial.But postings continued. An Ireland-based blogger, Ciaran J Goggins, was among those who carried on commenting on the case – and the complainant – during the trial.
Another social media storm is bound to follow the trial. Many will, no doubt, criticise Evans and call for football clubs to boycott him. But it is likely the most hostile messages will be aimed at the complainant. She has been warned by police to expect another onslaught. Another social media storm is bound to follow the trial. Many will, no doubt, criticise Evans. But it is likely the most hostile messages will be aimed at the complainant. She has been warned by police to expect another onslaught.