British footballer Ched Evans found not guilty of rape after retrial

A FORMER English Premier League player has been found not guilty of rape after a retrial, ending a five-year case that was condemned by women's groups.

Football player Ched Evans, right, with his partner Natasha Massey has been cleared of a rape charge. Picture: Ben Birchall.

A FORMER English Premier League player has been found not guilty of rape following a retrial, ending a five-year case.

Ched Evans, a Wales international who has played for Manchester City and Sheffield United, wept and hugged his fiancee after the verdict was given at Cardiff Crown Court on Friday.

Defence counsel Judy Khan QC said Evans answered every single question during his police interviews and detectives would never have known about the sex session had it not been for the footballer’s honesty.

The 27-year-old Evans admitted to having sex with a teenager in a hotel in north Wales in May 2011 but always insisted it was consensual. Afterwards he left via a fire exit door after realising he was cheating on his girlfriend.

Evans said he walked into a hotel room where fellow footballer Clayton McDonald was having sex with the woman, adding McDonald then asked her if he could join in, to which she replied: “Yes.” Prosecutors, however, alleged that the complainant was too drunk to consent and awoke hours later confused and alone in the room.

Evans was convicted of rape in April 2012 and released from prison after serving half of his five-year sentence.

Ched Evans in action with Sheffield United. Picture: Stu Forster.

After losing his first appeal, Evans’ family employed private investigators to gather new evidence about the alleged victim’s sex life, a rare move which has been widely condemned.

The rape conviction was overturned in April following a second appeal.

Two men gave accounts of the woman’s sexual preferences that were similar to the description put forward by Evans at his original trial and supported his assertion that she did consent to having sex with him, The Independent reports.

Normally in trials involving sexual offences, a complainant’s sexual history is not put before a jury.

But Evans’ legal team sought permission under Section 41 of the Youth Justice and Criminal Evidence Act to question the complainant at his new trial about the statements the two men had made.

A jury of seven women and five men found Evans not guilty following three hours of deliberations after the eight-day trial.

Claps could be heard from the public gallery following the acquittal.

Judge Nicola Davies told the footballer: “Mr Evans you are discharged and you can leave the dock.”

Evans and his partner stood outside court with supporters as his solicitor read a statement on behalf of Evans.

Women's groups condemn decision to allow former lovers to give evidence in Ched Evans case https://t.co/p73isw8Nvc pic.twitter.com/GIKuBZnLWT

— The Independent (@Independent) 14 October 2016

“That incident did not involve the commission of a criminal offense,” the statement said, “and today I am overwhelmed with relief that the jury agreed.

“Thanks go, too, to my friends and family,” it added, “most notably my fiancee, Natasha, who chose, perhaps incredibly, to support me in my darkest hour. Whilst my innocence has now been established, I wish to make it clear that I wholeheartedly apologise to anyone who might have been affected by the events of the night in question.”

Evans and Massey plan to marry and have a nine-month-old son.

The footballer played for third-tier club Chesterfield, who signed him in June despite a public outcry when he attempted to return to professional soccer with other clubs while his appeal was being heard.

Chesterfield welcomed the verdict, with chief executive Chris Turner saying: “We are naturally delighted with the outcome, especially for Ched, his family and friends. We can now all move forward and focus on football.”

Following the original 2012 trial, where a jury at Caernarfon Crown Court in North Wales convicted Evans, the complainant had to move house at least five times after being subjected to abuse on social media despite it being a criminal offence to reveal her identity.

Lisa Longstaff of Women Against Rape says allowing evidence about sexual history "could set a dangerous precedent" https://t.co/q2ilqiJMGE

— Sky News Tonight (@SkyNewsTonight) 14 October 2016

Ed Beltrami, the chief public prosecutor for Wales, reacted to the verdict by saying: “This case hinged on the issue of sexual consent ... Being drunk does not mean a person relinquishes their right to consent, that they are to blame for being attacked or that they were ‘fair game’.

“The prosecution argued that the complainant did not have the capacity to consent, but the jury found they could not be sure, beyond reasonable doubt, that the complainant did not consent, or that Evans thought she was not consenting.”

Then playing for Sheffield United, Evans was initially found guilty of rape in April 2012 and sentenced to five years in prison.

In October 2014, Evans was released after serving half his sentence.

The following month saw Sheffield United face a public backlash after the club said they would let Evans train with them.

Sheffield-born Jessica Ennis-Hill, the 2012 Olympic heptathlon champion, responded by asking for her name to be removed from a stand at United’s Bramall Lane ground.

Third-tier Oldham then pulled out of a move to sign Evans following another public outcry.

In October last year, Evans won an appeal against the original conviction before being sent for a retrial.

Prior to the retrial, Evans signed a one-year contract with Chesterfield, Oldham’s divisional rivals and in June he scored in his first game in four years during a 3-0 friendly win against Ilkeston.

Originally published as British footballer Ched Evans found not guilty of rape after retrial