This man was convicted of rape by by a jury of his peers.
He has referred the matter to the CCRC.
His co-accused , Mr McDonald was acquitted.
Unless I have missed something, I don’t recall an apology from the woman who wrongly accused Mr McDonald of rape.
Level playing field?
A not guilty verdict does not mean a false accusation was made, in this case the appeal judges stated that the woman did not consent to have sex with MacDonald but he may have reasonably believed she consented as she went to the hotel with him whereas Evans obtained access to the room by deception in order to have sex with whichever woman was there. So MacDonald although cleared of rape did have non consensual sex with her and he should apologise.
Besides which the woman never made any accusations, rape is a crime against the state so the victim does not need to make a complasinbt.
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Thank you for your anonymous comment. McDonald did not appeal, having been acquitted by the jury. The jury is the sole judge of facts. The Court of Appeal in R v Chedwyn Evans 2012 EWCA Crim 2559 were not dealing with McDonald and any comment they made about the jury’s view of his trial is speculation on their part. The complainant had consumed alcohol and had gone voluntarily to an hotel room with McDonald. Traces of other drugs were found in her system. She may be a troubled young woman. The night porter gave evidence that he had heard her say to McDonald “you’re not going to leave me are you?”. Later the porter listened at the bedroom door and told the jury that he heard noises consistent with sexual intercourse and no other concerns were raised in his mind. Rape is not a crime against the State,treason is.
The facts are important in these cases, don’t you think?
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