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It's all on technicalities really. Apparently she was in an extremely drunk state when she went back with McDonald which could be technically classed as rape but isn't because it occurs quite often. Ched Evans finding out his mates got a drunk bird and then turning up to take advantage is always asking for trouble. She was probably in no state to say no to Evans so its rape. I think he'll probably be acquitted on appeal though if his lawyers do their job properly.