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the following limbs to the prosecution case, that need to be established to prove rape:
(i) That X was not consenting (because she was incapable through intoxication);
(ii) That Evans did not reasonably believe X was consenting.
From Evans' version of events (asking to be tucked harder, etc.), or not saying no while also not realising she was too drunk to be able to consent.
hugo7
Yes, I have. And I can't even be bothered to point out all the differences. I edited my original remark to question how he obtained consent instead.