08-01-15, 08:36 AM
This was and is an odd case. If you are relying on the short newspaper versions but want the longer version try this one:
https://www.crimeline.info/case/r-v-ched...dwyn-evans
There are aspects which make me have doubts about the conclusion. The conviction even if overturned will have made a few men think about their behaviour and the risks of how it is perceived in the cold sober light of day. The link to alcohol and what consent can and can't be given when drunk is the key for me. It cuts both ways- if I jump on my bike after 12 points and kill someone everyone agrees I should be held accountable for my actions. Therefore decisions and agreements made when hammered are still agreements - even if the person doesn't remember making them. Every fibre of me believes that rape in any circumstance is wrong- no is no - but was this a change of mind - even if any rational man would have realised she was likely to regret the decision in the morning - if this was a change of heart it wasn't rape. It was wrong and two men took advantage of a drunken girl who can't remember what happened and one has now been found guilty whilst the other wasn't.
But a jury of his peers found him guilty so he is a sex offender on probation. It is right that he couldn't flounce off overseas. A sex offender shouldn't expect that they can stroll back into any job. The taxi driver analogy is excellent.
https://www.crimeline.info/case/r-v-ched...dwyn-evans
There are aspects which make me have doubts about the conclusion. The conviction even if overturned will have made a few men think about their behaviour and the risks of how it is perceived in the cold sober light of day. The link to alcohol and what consent can and can't be given when drunk is the key for me. It cuts both ways- if I jump on my bike after 12 points and kill someone everyone agrees I should be held accountable for my actions. Therefore decisions and agreements made when hammered are still agreements - even if the person doesn't remember making them. Every fibre of me believes that rape in any circumstance is wrong- no is no - but was this a change of mind - even if any rational man would have realised she was likely to regret the decision in the morning - if this was a change of heart it wasn't rape. It was wrong and two men took advantage of a drunken girl who can't remember what happened and one has now been found guilty whilst the other wasn't.
But a jury of his peers found him guilty so he is a sex offender on probation. It is right that he couldn't flounce off overseas. A sex offender shouldn't expect that they can stroll back into any job. The taxi driver analogy is excellent.