Ched Evans

Ched Evans was convicted of the rape of a 19 year old waitress after he and a friend (M) had sexual intercourse with a woman (X) in a hotel room. X had been intoxicated and woke up naked and confused in a hotel room. It was argued she was too intoxicated to have consented. The defence claimed that she was not too drunk to consent and described in graphic detail her sexual behavior (which would not have been possible based on the level of intoxication described in the prosecution case). On appeal, two witnesses gave accounts of X behaving with them in a way similar to the way that Evans alleged she behaved with him. Specifically having been drinking and instigated certain sexual activity, directed her sexual partner into certain positions, and used specific words of encouragement. The court found that these accounts were sufficiently similar to the appellant’s account that they could not be explained as coincidences and allowed the appeal and ordered a retrial. The appellant was found not guilty at the retrial.

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