Higgins vs Lihrmann, page-1906

Justice only has to decide on the balance of probabilities if sex occurred. Which is why he asked Brown if she thought at the time it was likely. She demurred and said it was only possible.

Then if he decides there was sex he has to determine on the balance of probabilities if the sex was consensual. This is why he grilled the toxicology guy about different levels of inebriation relating to decision making ability.

So Bruce ain't home free yet as there may be an adverse judgement against him. Also, an interesting view from Albrechtsen on the weekend suggesting Wilko could possibly dodge a bullet: