Wouldn't previous similar encounters that aren't disputed suggest that Evans did believe that she'd consented, though?I can see why it sounds as if it ought to be relevant but even if she did that every night it is quite possible that she was raped by some men and not others. The only issue is whether they believed she consented and logically that can't depend on history they had no knowledge of.
The other guys believe that she consented and so did she, despite her memory loss during at least one of those instances.
It does seem to be rather a slippery slope, but I can see why it was allowed in this case.
