Ched Evans wins his appeal .. be a retrial now

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Ralph
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http://www.dailymail.co.uk/news/article ... urned.html" onclick="window.open(this.href);return false;
asl
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If he's found not guilty after the re-trial, I wouldn't want to be in his accuser's shoes.
RegencyCheltenhamSpa
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asl wrote:If he's found not guilty after the re-trial, I wouldn't want to be in his accuser's shoes.
Why not?
asl
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He'll surely look for recompense, don't you think? She may even face charges for making false allegations.
Ralph
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Extra things come to the courts attention that were not there at the original trial so the judge says
RegencyCheltenhamSpa
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asl wrote:He'll surely look for recompense, don't you think? She may even face charges for making false allegations.
Don't think so. It would mean the evidence was insufficient to prove the allegations correct, or there may be a technicality that enables a not-guilty verdict, both different from false allegations.

If every alleged victim of every crime faced false allegation charges every time someone was found not-guilty the judicial system would not work how we know it.
asl
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No, that's true about my second point and I realised that as soon as I posted it.

However, I can still see him bringing a civil claim against her.

Incidentally, I was quite vocal about this when he was convicted and I hope nobody thinks I've changed my tune - because I haven't. Until a few hours ago, Evans was a guilty man, having been convicted of a heinous crime. Now, he's 'merely' charged with an offence and, by the letter of our justice system, is currently innocent and deserves compensation for the loss of his career and liberty if his guilt cannot be proved. I also think his accuser should lose her right to anonymity if he is found not guilty - which would be difficult to maintain if he does bring a case against her.
London Exile
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Now the original conviction has been quashed and as you rightly say asl, Evans reverts back to being charged of the allegation, I wonder if clubs might now see fit to sign him?
With the original conviction thrown out, I'm assuming he's now innocent until the decision of the next trial?
asl
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Signs for Chesterfield: http://www.bbc.co.uk/sport/football/36575406" onclick="window.open(this.href);return false;

I imagine they have a suitable clause in the contract on the off-chance he's found guilty again...
Ralph
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He's innocent right now and in all probability will stay that way. The Spireites have a quality marksman that probably wants to make other teams wish they had signed him
asl
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Yep, completely agree: he's an innocent man. After the retrial, he'll either be guilty or he will be the victim of a shocking miscarriage of justice and will rightly deserve recompense. What price four years of lost earnings for a professional footballer, an international, no less, at the peak of his career?
Ralph
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and most important, losing your freedom for 2.5 years ( i think it was)
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Joey
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asl wrote:If he's found not guilty after the re-trial, I wouldn't want to be in his accuser's shoes.
The accuser who has had to change her name and move home five times due to being hunted down by horrid men? Your suggestion that she should once again lose her anonymity is quite disturbing, that would only serve for more suffering upon someone and stop victims in the future coming forward.

Having read about the case my personal belief is that when he faces re-trial in October he will once again receive a guilty verdict. If I were a Chesterfield fan and my club had sign someone who facing trial for rape, I would be extremely unhappy at the decision.
asl
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Hypothetically, Joey, if someone falsely accused you of rape, put you through years of hell and removed your liberty when, in fact, you'd done nothing untoward and this innocence is later proved in a court of law (something that has not yet happened in Evans' case, I know) - would you be quite so magnanimous? Pretty sure I wouldn't be.
RegencyCheltenhamSpa
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Given the complexities of the case I have little sympathy for Evans.

If found not-guilty I think it will be more of a case that he could not be proven guilty beyond doubt, rather than completely innocent.

The behaviour of his family and supporters has shown no respect or regard for the legal system so his moral argument is bankrupt. The anti-female abuse and breach of anonymity by his chums are technically illegal anyway. I think it would be very foolish if he tries to claim for damages given his high earnings anyway and the fact it was only due to his elevated status that he was in a position to be able to do what he did with the woman, whether or not she gave consent when it took place.

Whether or not his guilt is proven for a second time or not the whole affair is unsavoury and shows how much work needs to be done to change the way rape cases are viewed by some sections of society.

Certainly not the type of player I would like at CTFC. I just hope following the re-trial we can all move on and stop discussing him and what he gets up to.
Ralph
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asl wrote:Hypothetically, Joey, if someone falsely accused you of rape, put you through years of hell and removed your liberty when, in fact, you'd done nothing untoward and this innocence is later proved in a court of law (something that has not yet happened in Evans' case, I know) - would you be quite so magnanimous? Pretty sure I wouldn't be.
My thoughts exactly.
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Joey
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asl wrote:Hypothetically, Joey, if someone falsely accused you of rape, put you through years of hell and removed your liberty when, in fact, you'd done nothing untoward and this innocence is later proved in a court of law (something that has not yet happened in Evans' case, I know) - would you be quite so magnanimous? Pretty sure I wouldn't be.
I would be angry at the judicial system for wrongly imprisoning me.

In this case I highly doubt the victim did it as an act of malice and believes she was raped, as a British citizen she has the right to report that to the police and present her case in a court of law.
Si Robin
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I try not to comment on this case as I had my last word on it the last time there was a thread on here. But just to throw my tuppence in:

- Ched Evans is innocent until proven guilty. His original conviction has been quashed, so he must be considered as such
- The naming and shaming of his accuser by anyone attached to Evans was deplorable and there is no defence for it.
- If found guilty of the crime, Ched Evans has served his time and should be allowed to get on with the rest of his career. I said the same about Lee Hughes and I maintain the same stance over Luke McCormick (my view coming from someone who lost a parent in the same circumstances).
- If found not guilty (note, not innocent) then Ched Evans has a right to compensation for wrongful imprisonment for the loss of his career at arguable his peak. He was, by some distance, the best player in League One in the season he was convicted and was destined to go on to better things.

I'll leave it there.
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