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Ched Evans case: exceptional nature must be made clear, says legal expert Ched Evans case: exceptional nature must be made clear, says legal expert
(about 1 hour later)
Senior police officers, judges and prosecutors have been told by a former solicitor general to highlight the “exceptional” nature of the Ched Evans court case in an attempt to reassure women and encourage them to keep reporting rape.Senior police officers, judges and prosecutors have been told by a former solicitor general to highlight the “exceptional” nature of the Ched Evans court case in an attempt to reassure women and encourage them to keep reporting rape.
The Wales international footballer, 27, was cleared on Friday of raping a 19-year-old woman after a retrial, following a decision to allow the jury to hear the woman’s sexual history.The Wales international footballer, 27, was cleared on Friday of raping a 19-year-old woman after a retrial, following a decision to allow the jury to hear the woman’s sexual history.
The inclusion of evidence from the complainant’s previous sexual partners prompted anger from campaigners. The former solicitor general Vera Baird said: “I am hopeful that if enough of us say it’s an exceptional case then people will believe it.”The inclusion of evidence from the complainant’s previous sexual partners prompted anger from campaigners. The former solicitor general Vera Baird said: “I am hopeful that if enough of us say it’s an exceptional case then people will believe it.”
Baird, now the Northumbria police and crime commissioner, said the jury’s verdict to clear Evans threatened to shake women’s confidence in the justice system.Baird, now the Northumbria police and crime commissioner, said the jury’s verdict to clear Evans threatened to shake women’s confidence in the justice system.
“We are just about getting more rape complaints coming through, which means people are having confidence in the police and in the courts,” she said. “This [verdict] is likely to deter people, but I am hopeful that in the longer term everyone will say, judges will say, the police will say, the crown prosecution will say: ‘That was an exceptional case, don’t hesitate and report [rape].’”“We are just about getting more rape complaints coming through, which means people are having confidence in the police and in the courts,” she said. “This [verdict] is likely to deter people, but I am hopeful that in the longer term everyone will say, judges will say, the police will say, the crown prosecution will say: ‘That was an exceptional case, don’t hesitate and report [rape].’”
On Thursday it emerged that the number of rapes recorded by police doubled in the past four years although the percentage of allegations resulting in conviction has fallen. On Thursday it emerged that the number of rapes recorded by police has doubled in the past four years although the percentage of allegations resulting in conviction has fallen.
Data released on Saturday by HM Inspectorate of Constabulary on behalf of its rape monitoring group found that in 2015-16, police recorded 23,851 reports of adults being raped – nearly all of them women – compared with 10,160 in 2011-12.Data released on Saturday by HM Inspectorate of Constabulary on behalf of its rape monitoring group found that in 2015-16, police recorded 23,851 reports of adults being raped – nearly all of them women – compared with 10,160 in 2011-12.
Evans was found guilty of rape in 2012, a conviction quashed in April. The original conviction was then referred to the court of appeal following a 10-month investigation by the Criminal Cases Review Commission, which found new information not raised at the original trial. Evans was found guilty of rape in 2012, a conviction quashed in April. The original conviction was then referred to the court of appeal after a 10-month investigation by the Criminal Cases Review Commission, which found new information not raised at the original trial.
The appeal court judgment allowed fresh evidence from two male witnesses who gave detailed testimony about the complainant’s sexual preferences and the language she used during sex, a decision that led to her being questioned in open court about intimate details of her sex life.The appeal court judgment allowed fresh evidence from two male witnesses who gave detailed testimony about the complainant’s sexual preferences and the language she used during sex, a decision that led to her being questioned in open court about intimate details of her sex life.
Defence lawyers have been banned since 1999 from cross-examining alleged rape victims in court about their sexual behaviour or history but the court of appeal said the specifics of the Evans case meant such evidence ought to be admitted.Defence lawyers have been banned since 1999 from cross-examining alleged rape victims in court about their sexual behaviour or history but the court of appeal said the specifics of the Evans case meant such evidence ought to be admitted.
Baird, who was instrumental in bringing about the change in law governing the admissibility of complainants’ sexual behaviour, said the Evans case raised questions over whether the relevant section in the Youth Justice and Criminal Evidence Act 1999 should be re-examined and possibly even more tightly regulated.Baird, who was instrumental in bringing about the change in law governing the admissibility of complainants’ sexual behaviour, said the Evans case raised questions over whether the relevant section in the Youth Justice and Criminal Evidence Act 1999 should be re-examined and possibly even more tightly regulated.
She said: “You could say, bearing in mind that these words seem to be capable of wide interpretation, that if the judge says you could use that section they should also tell the barrister: ‘You want to ask that? Well you’re not asking that. You want to ask that? Yes you can ask that’ – and limit them to that.She said: “You could say, bearing in mind that these words seem to be capable of wide interpretation, that if the judge says you could use that section they should also tell the barrister: ‘You want to ask that? Well you’re not asking that. You want to ask that? Yes you can ask that’ – and limit them to that.
“It was a late addition to the legislation and the legislation itself was very well thought out with a long consultation but perhaps this late amendment was not and didn’t have as much discussion before it was passed so perhaps it was a bit less well thought through.”“It was a late addition to the legislation and the legislation itself was very well thought out with a long consultation but perhaps this late amendment was not and didn’t have as much discussion before it was passed so perhaps it was a bit less well thought through.”