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Jack Diamond 08:49 - Jan 10 with 9085 views

I see on the news that a "former" Sunderland player Jack Diamond was suspended from the club after being arrested for a rape/sexual assault charge in 2022.

He was cleared by a jury within a couple of hours of their deliberations.

On all reports Jack Diamond was cleared of any wrong doing yet the woman who made the now false accusations remains nameless or cannot be named for legal reasons.

It turns out this woman willing got into his bed, had an ongoing sexual relationship with the player and had become possessive.

His career is fu(ked now. If this is a false accusation why is she not being prosecuted?

(If this thread is not allowed please delete!)

Dont know why we bother. .... but we do!

Jack Diamond on 15:59 - Jan 10 with 1565 views

blacky200

I don't se why both accuser and accused can't remain annonymous until the trial is over. If found not guilty both parties remain annonymous. If found guilty the accused can be named.

Jack Diamond on 16:06 - Jan 10 with 1549 views

G_Ottershaw

...taking into account the possibility of an underlying mental health issue effecting someone's decision or judgement, how do you prove consent in the modern world, witnesses, documents, video, apps ?
any violation of another person is clearly unacceptable, but it seems like a bit of a minefield to me.

Jack Diamond on 16:09 - Jan 10 with 1528 views

Juzzie

Jack Diamond on 14:58 - Jan 10 by Rangersw12

"I've actually been in situation when I've been out and about in Camden where I met/engaged with a girl and it's been basically clear it would become a 'sure thing', especially as both of us had been drinking, but then I've actually walked away. Yes, getting my wick dipped that night would have been great but do I want potentially a knock on the door a week or so later from the plod because she's cried rape? No thanks. It probably was highly unlikely but I just didn't want to take that risk."

Isn't the whole point that if she would be too intoxicated to consent it would be classed as rape ? And therefore she wouldn't have "cried rape" but would have thought she had been raped .

Maybe I'm over sensitive to this as my daughter is now 17 but you only have to be in a pub/club at last knockings to see how predatory men are when women are drunk

In that case, then yes. However, In my case she wasn't 'too intoxicated' but she had a few drinks and therefore inhibitions do get relaxed but then in the cold light of day a few days later they could question their decision making and maybe panic.

I've actually also been in the scenario you mentioned. The day of the Euro '94 final. I've been in a pub all day with this girl I knew from work. She'd also made it very clear that she was happy for some fun later on. We got back to hers that evening and she was so drunk she actually passed out next to me in nothing but just her knickers, literally virtually naked. So, I left her to it and went to sleep.

A few weeks later on my birthday and she loudly telling me with my friends there "what kind of man are you that didn't take advantage of a situation that you're right next to an almost naked woman!" so I loudly replied back "errr, the sort of person that doesn't rape a woman in her sleep".
She did suddenly look very sheepish.

I didn't speak to her after that and in fact didn't see her again for another couple of years and she came straight up to me and apologised. She was going through family troubles at the time.

Jack Diamond on 16:24 - Jan 10 with 1491 views

SheffieldHoop

Jack Diamond on 16:09 - Jan 10 by Juzzie

Haha this reminded me of that Guy Martin quote
"Different things make different people happy, don't they? Some lads love going to the pub, I don't like being in the pub. Some lads love shagging, I don't like shagging. I don't mind it, but I'm not into it. I'd rather just go and ride me motorbikes"

I think the world massively underestimates how many men are like this. Because all the attention is focused on the 'desirable' men (Usually exactly the vain, exploitative types that might do this shit) - It's easy to ignore that most of us are just overgrown children who just want to be left alone to play with our toys.

"Genius is no more than childhood recaptured"

"Someone despises me. That's their problem." Marcus Aurelius

Jack Diamond on 21:59 - Jan 10 with 1307 views

EalingHoop81

Jack Diamond on 13:36 - Jan 10 by RBlock

To answer the original question, in two parts - the fact that they were in a relationship and she willingly got into his bed is irrelevant. Marital rape just as illegal as any other, despite pre-existing relations.

Secondly, he wasn't found innocent. The jury doesn't determine that the offence didn't happen, just that it couldn't be proved beyond reasonable doubt. To prosecute her for an offence such as perverting the course of justice, you would have to be certain that it didn't happen and that's she has lied in her statement.

[Post edited 10 Jan 14:56]

The law in England is that you remain innocent until proved guilty. The burden of proof may vary between the balance of probabilities and beyond reasonable doubt but failure to achieve the burden of proof requires a not guilty verdict, leaving the accused to remain innocent.

I do not believe there is any burden of proof that requires ‘certainty’ and so a claim could be made in the criminal court or a civil court against the accuser. I presume the CPS would have to do a very big about turn to make a case against the accuser (whom they determined the victim in the case and thought there was a reasonable prospect of a conviction to follow through with the court case in the first place).

The fact that someone accused is found not guilty in a court of law and people subsequently say they were just not proved guilty rather than declared innocent is exactly why the stigma of the claim follows them around for the rest of their lives.

Legally he is innocent