It was rape because someone who is blacked out drunk, unable to walk, can't consent. Someone else walked into the room to find it happening and the victim proclaimed that she didn't know what was happening. She awoke to find herself naked in the bed with blood (I believe her own) around. The court even used the statement "was still erect when he withdrew" as a reason to reject the appeal as supposedly that means that she could have potentially consented... whilst unconscious. I don't see how anyone could see that being anything but being non-consensual. The victim and the attacker had no previous sexual relationship, just a friendship via mutual friends.
The victim wasn't in that material, others were however but I'm not sure what arose of that. He was already on a sexual harm prevention order but my understanding he isn't locked up for the additional offences.
What I mean is other than her story what evidence was gathered? Her blood being present it could have been time of the month. That alone isn't enough.
The person who walked in who is a key eyewitness. What exactly was his statement. They would be crucial in getting a conviction. I think that would be the key evidence because otherwise it's his word against hers. Unfortunately that's how the law works.
To give you an example there is a famous case in Glasgow where a Scottish gangster walked up to someone in broad daylight in the middle of an extremely busy public place and shot and killed another person.
Everyone knew he did it but they didn't find the weapon. No witnesses came forward because this guy would have wiped out their families. Everyone knew he killed him it wasn't even up for debate but there was zero evidence other than hearsay. No cameras back then.
Otherwise I'm no expert but there would usually be defense wounds in a rape case. But unfortunately if you are blackout drunk your effectively dead and won't be conscious. So there has to be key evidence supporting that. Maybe watch the Netflix documentary I can't recall the name but it's a similar scenario. A young girl gets quite drunk. A few guys convince her to get into a car from the main party and take her second party. This is where she gets blackout drunk and is unconscious. They then I believe do all sorts there or take her to a third property where at least 2 guys rape her.
There wasn't any real hard evidence other than hearsay and pics of her in a terrible state. Someone managed to get access to everyone's social medias and downloaded all the info they needed to make the police do a proper investigation after they dropped the case.
His story could be we had a few drinks went back and had sex and the next day she regretted it and is now calling it rape.
If what you say about the people carrying her back is true again this is crucial evidence that she wasn't in a fit state again key eye witnesses who could testify in her ability to consent.
Did any of these people make a statement?
If they did then I would think about taking all this evidence and statements and make an appeal to a higher level of possible or an alternative court.
I find it hard to believe with sufficient evidence someone would say rape is okay drop the case. The main key evidence would be the person who walked in on the act. Their statement is crucial and I believe an open and shut case. Or did they simply open the door see him on top for a split second and do a U-turn without actually really seeing what was happening?
The Netflix documentary it was extremely hard to get all the evidence together. I believe they had to get people's phones and then data mine them after all the hearsay evidence collected from social media as that wasn't enough.
I believe the photos and videos were key in the conviction. I can't remember exactly but it's a similar type of case where other than her waking up with no knowledge there was no evidence other than her saying I can't remember anything.
