Footballer Rape Trial: Ched Evans Guilty, Sentenced To Five Years

PA  |  Posted: 20/04/2012 19:01 Updated: 20/04/2012 19:01   PA

Ched Evans
Ched Evans broke down in the dock after hearing the verdict

Sheffield United and Wales' striker Ched Evans has been jailed for five years after being convicted of raping a woman who was "too drunk to consent" to sex.

The 23-year-old footballer, who has scored 35 times this season for the League One club, is now considering an appeal against the jury's verdict at Caernarfon Crown Court where his co-defendant, Port Vale defender Clayton McDonald, was found not guilty of the same charge.

Both men admitted they had sex with the woman, who cannot be named for legal reasons, but the prosecution said she was too drunk to consent to sexual intercourse.

In her evidence, the woman said she has no memory of the incident.

A statement from the Brabners Chaffe Street Law Firm, representing Evans said:

Ched Evans is shocked and extremely disappointed with the decision reached today by the Jury at Caernarfon Crown Court to convict him of the charge brought against him. Mr Evans firmly maintains his innocence in this matter and is being advised regarding an appeal of the decision. No further comment will be made whilst the legal process is ongoing.

The Football Association of Wales said it "recognised the seriousness of the situation".

McDonald, also 23, vowed to stand by his friend, saying in a statement from his legal team: "Clayton McDonald has maintained his innocence from the start and is relieved at his verdict.

"However, he is very upset and disappointed regarding the verdict given to his lifelong friend, Ched Evans, whom he will continue to support in any way possible."

The two footballers first met 10 years ago when they were both at the Manchester City youth academy and shared digs during their teenage years.

The incident happened at a Premier Inn near Rhyl after they had been on a night out in the seaside town on 29 May.

The trial, which began on 11 April, was told McDonald met the woman on the street after visiting a takeaway in the early hours of the next morning.

He took her back to the hotel where they had sex and were joined by Evans, who also had intercourse with the woman.

The jury was told that as the incident took place, Jack Higgins, an "associate" of the footballers, and Ryan Roberts, Evans's brother, watched through a window.

Video recordings found on Higgins's phone showed he had been filming or trying to film the incident, the court heard.

McDonald claimed that Evans asked if he could get involved, while Evans said it was McDonald who asked him if he wanted to have sex with the woman.

Giving evidence McDonald said the woman was "moaning and groaning like she was enjoying herself".

Evans told the jury she consented and was "in control of her actions".

Sentencing Evans, Judge Merfyn Hughes QC said: "The complainant was 19 years of age and was extremely intoxicated. CCTV footage shows, in my view, the extent of her intoxication when she stumbled into your friend.

"As the jury have found, she was in no condition to have sexual intercourse. When you arrived at the hotel, you must have realised that.

"You have thrown away the successful career in which you were involved."

He told Evans he must serve at least half the five-year sentence before he can be paroled.

David Fish QC, in mitigation for Evans, said it was a "sad day" for the footballer.

"He is aged 23 and has, until now, had a promising career to which he has devoted his whole life since his teens," he said.

"That career has now been lost."

Earlier there were chaotic scenes and Evans's verdict was delayed after court proceedings were disrupted when McDonald was acquitted, prompting a brief adjournment.

The jury first returned a not-guilty verdict on McDonald after four hours and 52 minutes of deliberations.

He looked elated as the verdict was read out and his family and friends in the public gallery reacted by shouting "Yes, yes".

One man left the courtroom and could be heard screaming.

Judge Hughes then rose and everyone in the public gallery was ordered to leave the court.

McDonald remained in the dock with Evans who held his head in his hands and cried hysterically.

When the judge returned to court, the jury foreman gave the guilty verdict against Evans, who threw the headphones he was using to follow the trial on the floor and looked shocked.

Judge Hughes told McDonald he was free to leave the dock and after the footballer exited the court, shouts of "No, no" could be heard from Evans's family and friends.

Detective Chief Inspector Steve Williams, the senior investigating officer for North Wales Police, said: "I would like to pay tribute to the courage of the victim in this case, who has shown a great deal of resilience and strength in very difficult circumstances.

"I sincerely hope that the guilty verdict will provide some closure on this horrendous ordeal for the victim and that she will be able to rebuild her life which was shattered by these events."

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Sheffield United and Wales' striker Ched Evans has been jailed for five years after being convicted of raping a woman who was "too drunk to consent" to sex. The 23...
Sheffield United and Wales' striker Ched Evans has been jailed for five years after being convicted of raping a woman who was "too drunk to consent" to sex. The 23...
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majdf18148
I have nothing to declare but my curiosity
01:00 PM on 04/22/2012
These incidents often happen because so many young women have no respect for themselves and throw themselves at these so called "sports stars. The "stars" in turn see these women only as sex toys to be used, abused and disgarded. The girls often think they will get some affection and love and receive only abuse, rough sex and being "shared" around. Ask anyone of the footballers embroiled in these lurid sex scandals how they would feel if other men treated their sisters, wives or daughters in such a despicable way. I know what the answer would be. In this particular case I don't know why one was cleared and one convicted as we are not party to the whole of the evidence and the report doesn't make that particular point clear.From my perspective I believe those found guilty of such abuse of young women should be severly punished and taught respect for others.
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HUFFPOST SUPER USER
Fozwords
Abandon hope when you post on here
12:23 PM on 04/22/2012
Lets hope that when he does come out he then goes onto a sex offenders register.
10:24 AM on 04/22/2012
I still do not understand how one guy is guilty of rape and the other is innocent of a crime? Both admitted having sex with a drunk and semi conscious girl. This is very worrying actually. You feel that one party has been fitted up while the other walks free. The good thing about an appeal is the original judgement will have to be questioned in court. Or ..... to avoid being caste as "an institutionally racist court", was the black guy allowed to walk free? Something is very wrong here and needs to be probed further.
02:21 PM on 04/22/2012
I agree that he two verdicts seem inconsistent. They imply that she was sober enough to have consented to McDonald, and then, just a few minutes later, she was too drunk to have consented to Evans. How could that be?
Or maybe the jury were shown some video evidence from Jack Higgins' phone which we are unaware of?
09:27 AM on 05/14/2012
Naturaly - these days if you have the slightest touch of the tar brush you are treated more leniently - the whole justice system is petrified of being being labelled "racist"
10:17 AM on 04/22/2012
HE LOOKS A BIT SHEEPISH.
cdnman
Still a free spirit...
10:14 AM on 04/22/2012
test
09:55 AM on 04/22/2012
silly girls and too much booze is always trouble.
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HUFFPOST SUPER USER
sean beamer
"If society fits you comfortably enough, you call
05:29 AM on 04/22/2012
i would just chop off the offesive parts and let him play football...every one wins !!
09:10 PM on 04/21/2012
we dont no what the person filmed on hes mobile phone
maybe it showed him holding her down raping her we will never no
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ginadeoliveira2008
Seen a shooting star tonight and I thought of you
09:05 PM on 04/21/2012
If everybody was drunk and she does not have recollection how did this get to court?
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HUFFPOST SUPER USER
Havana Thinks
Live and Let Live!
12:42 AM on 04/22/2012
One guy recorded it while he watched. I believe he used it as evidence against the others.
08:26 PM on 04/21/2012
How come the other fella didn't get gaoled? Were the jury too frightened of being called racists?
07:37 PM on 04/21/2012
no is no,and if you are too drunk to say no,then it shouldn't be assumed that you want to have sex.they knew exactly what they were doing and should have stopped before it went that far. I hope his appeal fails and that he serves his sentence and gets all the trimmings that come with it.i.e. loss of job,being on the sex offenders register. welcome to the real wolrd...The one where when you break the law and are convicted you can't hide behind being a "footballer"....
08:31 PM on 04/21/2012
Do you know how much they had drunk ? And do you know why one was found not guilty of rape ?
06:45 PM on 04/21/2012
This comment has been removed
because it spoke the truth.................
06:52 PM on 04/21/2012
This comment hasn't been removed because you can still see it - a bit like the one above really.
06:56 PM on 04/21/2012
NO you dont say...
05:51 PM on 04/21/2012
I can see the Appeal winning on the basis that his co accussed was found to have acted in a legal manner. What have you missed out Huff!!

Too drunk to consent for sex. I understand it but everyone acts differently whilst drunk. How drunk is too drunk. Who decides? What if your a little drunk too which could cloud your judgement? Just because the lady cant recall having sex doesnt necersarily mean she had no control of her actions during sex and she didnt consent to it.

How many times have people been drunk and they do things and let others do things and then they wake up next morning and cant remember any of it. The lady should accept that she has some of the blame fro this. She got drunk and without resistance appears too have gone to a hotel room of a stranger. Surely she remembers that bit. What did she think she was going there for?

In saying that taking advantage of people who are drunk sexually is a serious issue and I suppose we need to know all the facts!!
08:30 PM on 04/21/2012
The msot important factor here is gender.
12:27 AM on 04/22/2012
"What did she think she was going there for?"

She wasn't thinking - that's the point. She was a wasted 19 year old and unable to consent to sex in any meaningful way - sex without consent is rape. I can't understand how the jury found one to be guilty and not the other though. Baffling
04:39 PM on 04/21/2012
I don't understand how Evans is guilty, while McDonald is innocent......
Both men freely admitted that they had sex with the girl, correct?
So, if Ched Evans is guilty of rape because: "the girl was too drunk to have consented",
how can McDonald not be guilty too ?
Does anyone even begin to understand this?
09:07 PM on 04/21/2012
please explain this to me if you can it dont make sense
04:10 PM on 04/21/2012
At last a judge who is prepared to give an appropriate sentence. Unfortunately the PC and Human rights brigade will impose and he will end up serving 5 BLLODY MONTHS. Lets for once make sure he serves the full sentence.
05:03 PM on 04/21/2012
Can I ask you a questionb I asked a little earlier on ?
" There is one aspect of this case that bothers me a little. If ,in a similiar situation, a woman instead of going away with a man and ending up in bed,had instead hopped into a car, drove away and knocked some one down, would we be saying she was a victim too as she was very drunk ? Or would we be calling her a villian and a drunk driver ? "
07:25 PM on 04/21/2012
How is that comparable? In the one she injured someone, in the other someone injured her. If a drunk goes out and robs someone, they are a criminal, if someone robs them, they are a victim. It's not the same situation at all
This comment has been removed.
This comment has been removed.