Update October 2016:
After a referral to the court of appeal by the criminal cases review commission, Evans has now been acquitted of the crime of rape. Whatever the rights or wrongs of that situation, in the eyes of the law, Evans is now innocent of the crime of rape. I leave the text below as a record of my thoughts on the case as it stood at the time of writing.
Here is a short summary of an earlier post now archived. This summary has also been clarified by some of the comments I’ve received below.
Clayton met and interacted with the victim for some time, before returning to the hotel with her. Even though at the time penetration took place, she was too drunk to consent (proven by the prosecution) it is likely that the jury felt this previous interaction gave them doubt about whether Claytons belief in consent* was a “reasonable belief” (See “he reasonably believes“). Note that if they have any doubt about his reasonable belief in consent they must acquit. Evans on the other hand had no such interaction with the victim before hand. He lied to get the key, and let himself into the room where there was a drunk naked woman who’d never met him before. He therefore had no opportunity to either obtain earlier consent (which would be invalidated by the drunkenness in any case), or to have any chance of forming a reasonable belief in that consent. He dived in anyway – which without consent is rape. Guilty as charged.
*this doesn’t mean he had consent – only that he had a belief in consent.