This is not true at all. We know that she went up to have consensual sex with him, and that situation changed. Consent is an ongoing thing that can change even if the situation had simply remained her and JD.
It is also accepted as fact that the woman was assaulted and that she did not give consent to what happened.
In cases like this, the victim does not need to prove that she did not give consent, if she says it, it is accepted that she is a victim pretty much and the onus switches to the other side along with an investigation of circumstances. Her story is corroborated and it has been accepted that she was victimized. She was paid out by HC, and a police investigation has publicly stated that there is enough evidence to support her claim.
The only thing that hasn’t been established is whether the 4-5 guys knew that she had not given consent, or whether it was reasonable to assume that she was consenting. That’s what the entire investigation is about, it’s not about whether there was consensual sex or not because she has already established that it wasn’t.
The crown has to decide if there is enough evidence to prosecute, but everyone knows the details of what happened, the videos they made her make, the text messages afterwards, etc. The details of the event aren’t really in question, it’s just a matter of proving that the guys should have known that she wasn’t consenting to the group sex.
Trial or not, the guys did what they did, and teams may not want to keep them based on a he said she said disagreement on consent.