Unfortunately since consent is established (typically) between two people in private, "fact" in the dictionary sense of the word, is a potential difficulty.

It's also not productive to get too far hung up on "fact" from our seats. We're not in any way involved with the legal aspects of the case, for one.

I think the way to get productive discussion and value out of this very unfortunate incident is to talk not about "fact" but instead, the nuances of consent and communication, and how to strengthen the integrity of them.

To talk about what went wrong, and how to keep it from happening again, with people who aren't in the lime light, in the private bedrooms of people you know, where people are raped, by people who didn't ever intend to be rapists, in circumstances that could have been prevented.