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Originally Posted by GioforPM
Yeah. Frankly this is not the easiest case to even get one conviction from. It will all depend on what the evidence is about the state of intoxication and the visible signs, since IIRC there was an explicit verbal consent. The prosecution will have to prove that she was too intoxicated (or maybe too intimidated or coerced) to give actual consent. And then (again IIRC because it's been years since my advanced crim course and aside from the the law evolved) prove that the accuseds were aware or wilfully blind to the lack of true consent.
If there's video evidence and it shows her in a bad state of awareness, then it gets easier. But short of that it's all going to be about vive voce testimony and a judge/jury's view of credibility.
EDIT: the amount of people involved and the circumstances may help the prosecution in this regard.
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I imagine a lot of plea deals will be had . One to not put the victim through having to testify and two , very easy to find reasonable doubt 5 years later in a case like that
Unless they have some strong evidence outside the victims testimony - likes texts bragging about a sexual assault - which could be very damning and help remove the consent question