Although the defense never conceded that the two had sex, a central point of argument in the case was whether the woman was too drunk to consent to sex. Under the prosecutors’ theory of rape, they had to prove that the woman was physically unable to consent to sex, meaning that she was either unconscious or unable to speak when she was penetrated.
Defense lawyers pointed to surveillance footage of the woman walking on her own as she entered the building in front of the officers as evidence that she was conscious and able to communicate.
The officers insist it was “just cuddling” although one admitted to wearing a condom. As Boing Boing notes, “If you’d like to not have on-duty police officers “cuddle” you when drunk, remember to get so plastered as to be unconscious by the time the cuddle condom comes out”.
(Thanks, Mr Jender!)