Saturday, 18 October 2014

Rape, footballers, athletes and unlawful killing

Female hysteria and the chattering classes are jumping on the Ched Evans bandwagon.  He is the footballer (who has a home in North Wales but plays for Sheffield United) who was convicted and jailed for rape.

It worth taking a moment to consider what this conviction for rape actually means.  In his case he was having a boozy night out with one of his mates when he met a girl who was equally 'merry' and had consumed more than a little alcohol.  They socialised for a while and then at some point there was a tacit agreement to go back to his place.  It is true that he did not produce a clipboard and pen and request authority to have intercourse in writing and have said document duly witnessed.  It was more of a nudge-nudge-wink-wink thing.

His lady friend, at some point the following day, having sobered up somewhat and having no recollection (she claims) how she came to be in his bed, made an allegation of rape.

To cut a long story short, a jury of twelve men and women (who were not present on the night) decided he was guilty of rape on the basis of assertions made by the prosecution barrister (who was also not present on the night).  The woman involved freely admits she cannot remember whether she was asked or gave her consent to having sex.  In other words, she may have consented.

The jury, it would seem, has taken the view that Ched should have been sufficiently schooled in medicine and psychiatry and sufficiently sober himself to form the considered opinion that the woman was too intoxicated to make an informed judgment.

As their verdict was unanimous the jury must have decided at some point that the woman bore no responsibility for remaining in control of her actions.  Think about how this view would be reversed if she had driven her car home in that state.

In South Africa, meanwhile, a man who has been found guilty of shooting to death his partner is being treated to a trial within a trial where the state mulls whether he should be imprisoned or merely fined a sum of money. You cannot imagine this discussion taking place in the good old UK.  A man has killed a woman who lived with him in his house with a gun and the debate rages as to whether he should face prison.

The people whose knee-jerk reaction is to vilify Ched Evans because he has, arbitrarily, been labelled a rapist might consider the degree to which local opinion and rigid mindset influences law.

The law is not an absolute.  It is the outcome of a combination of changing public opinion, hypocrisy, manipulation and hysteria.

Links: The Cannabis Cover up (how the government manipulates public opinion and law to achieve policy aims)

Ched Evans


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