Dubai Blue said:
Matty said:
So why did she contact the police?
There must have been a reason for her to feel the need to contact the police. If she had no recollection of the nights events, because she was drunk, then what crime did she actually report?
She reported that she had woken up in a hotel she had no recollection of going to. That's my understanding anyway. I think she suspected she'd been drugged/spiked
The whole case just never sat right with me. Are we supposed to believe that this was the first time she'd ever got so drunk she'd had memory lapses? Did she think she'd been drugged every time?
Ultimately it was all down to her word against his, and her word was "I have no clue what I said/did, I don't remember". Yes there was CCTV footage, and there was a mobile phone used, in the dark, from outside a window, but how much could these possibly prove/disprove? They'll show a very, very small snippet of the night's events. If you've got 2 men saying she was open to having sex, and 1 woman saying she hasn't any recollection of what she was/wasn't open to doing, then how can you possibly come to the conclusion that she was raped? Are the men supposed to know she's too drunk to give consent? How drunk is too drunk? The consent to have sex isn't always verbalised specifically in these situations. In the past I've (not often) met a girl on a night out, had a fair amount to drink, ended up going back to a flat/house, and slept together. As the night progresses it just becomes assumed that it will end up with you having sex, you don't ask " do you want to have sex" and expect a "yes" response, you go to the flat/house/hotel and it just happens naturally. If she's completely passed out and clearly not able to participate then obviously that's a different matter entirely, but if she's responsive and joining in then I'm not convinced you need to be asking the question so specifically. If the 2 men involved in this case stated she was, indeed, responsive, and joining in, then why would they think she was being raped rather than having sex? Just because, in the morning, she can't remember it, doesn't change the nature of what was happening at the time.
From what I remember the reasons behind 1 man being convicted, and 1 being found not guilty, were based around the timeline of the evening. The innocent man had met the girl in a bar, had been with her for a while that night, and had taken her back to his hotel room. The jury decided that she had participated in events up to that point freely and, as such, her "consent" to sleep with him was, essentially, given. There were reasonable grounds for him to claim she was ok with having sex, despite there being no, explicit yes/no question asked or answered (again, based upon his statement that she wasn't unconcious and was joining in). The guilty man (Ched) wasn't with her at any pont prior to the hotel room, and came along later, went into the room, and had sex. So there could be no timeline, or implied consent via earlier actions. This doesn't mean he raped her, it just means it's not as obvious to those not involved what her wishes were with respect to Ched.
Ultimately the jury decided her level of enibriation was such that she couldn't have consented to Ched by the time he arrived and, as such, any sexual activity was not with her consent. For me that's a very dangerous assumption to make, especially when the consequences are to jail a man, and potentially ruin his career, and more so, his life. Alcohol affects different people in different ways, to make a judgement on one individual's mental faculties at a given point based on a level of alcohol that was in their body is presumptuous. Ched is appealing the decision despite now being free, so he clearly feels she consented/participated actively, even if she can't remember doing so. Obviously I wasn't on the jury, and won't have all the indepth information they had, but I have to say I'd have found it hard to convict based on the information that has been made public. Unless there's a great deal we don;t know that makes it clear she wasn't capable of consent I'd not have been able to come to a guilty verdict myself.