E.M. was never shown stumbling or trouble walking, and having trouble walking in high heels, Carroccia says. She does not appear drunk in the consent videos, the judge adds.

this, as i understand it, is what the trial was about.

if the crown could have convinced the judge the woman was too drunk to consent, they would have succeeded. however, if she was sober enough to function, the evidence pretty squarely suggested this thing was consensual.

she had the right to withdraw consent at any time, and she might have, but after having gone to the length of actually filming a video stating consent, you'd have to articulate that point pretty clearly to get it across. you can't put somebody in jail for that.