Other major issue with the case:
The girl concerned claimed she wasn't drunk - I think almost exact quote was "tipsy, but not out of control". She then woke up the next morning with no memory of the night before, and assumed her drink had been spiked - a natural assumption if she genuinely hadn't drank much. Except for the fact she had drunk a considerable amount, by her own admission! Blood was tested, not even a hint of any kind of drug aside from cocaine and marijuana (not exactly drink spiking drugs) - although admittedly some can be out of your system very quickly.
The judge also noted that from the CCTV footage that she was "drunk enough that she should not have been having sex", and then applied that as a reason why it was more likely rape.
Personally, I very much question that last point - I've had a fair few occasions at uni when I've met a lass whilst battered and we've woken up with somewhat clouded memories - by that logic I could claim that as I don't remember giving permission, I was raped! I also don't wake up in the morning after a heavy nights drinking with a blurred memory and assume my drink was spiked!