That's the hard fact the jury have to determine. Given the fact she was staggering and clearly more than tipsy, I'm surprised Evans' co-D wasn't convicted too, but there you go, if there is even a possibility of doubt, the jury have to dismiss the charges, because they have to be certain to convict. I think the reality is that most juries would err on the side of dismissal if there is any uncertainty, which is probably why rape convictions are so low, but that is how it should be. Only if you are certain of guilt should you give a verdict of guilty, but hopefully, just raising awareness of this issue will make guys who might have been borderline cases previously, think twice about their actions, which can only be a good thing.