Regina v Chedwyn Michael Evans and Clayton Rodney McDonald [2012] EWCA Crim 2559
Decided
20 April 2012; appeal: 21 April 2016
Citation
[2016] EWCA Crim 452; [2016] 4 WLR 169; [2017] 1 Cr App R 13 (appeal only reaching precedent focussed Law Reports)
Case history
Subsequent actions
Chedwyn Evans v R [2016] (appeal)
R v Chedwyn Evans [2016] (retrial with adduction and admittance of fresh evidence)
Court membership
Judge sitting
HHJ Merfyn Hughes QC
Keywords
alcohol and drugs
allegation of rape
allegation of incapacity to consent to sex
character evidence of complainant's unusually similar sexual history
R v Evans and McDonald was the prosecution of two footballers, Ched Evans and Clayton McDonald, who were accused of the rape of a woman. On 20 April 2012, Evans was convicted and sentenced to five years imprisonment. McDonald was acquitted.[1] Several people were later fined after naming the woman on Twitter and other social media websites.[2]
Evans served 2+1⁄2 years in prison, being paroled on the Early Release Scheme. After this, his conviction was overturned on appeal in favour of a retrial. The appeal became a reported case by at least three sets of Law Reports as it confirmed only similar non-hearsay testimony of historic sexual encounters by a third party with a complainant, which is so similar that similarity cannot be reasonably explained by coincidence, can be admitted by the presiding judge, heard or written (adduced) in evidence and then considered by a jury. Such witnesses came forward who testified, with supporting evidence, to that effect. At retrial the jury found Evans not guilty, as McDonald had been found at the original trial.
^"Footballer rape trial: Ched Evans jailed five years, Clayton McDonald cleared". BBC News. 23 April 2012. Retrieved 20 April 2012.
^Cite error: The named reference falconer was invoked but never defined (see the help page).
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