No. That's not what I meant.
Lemme try a new way. Hypothetical solution. There are two girls. One of them is sitting on a guy's lap all night, laughing at his jokes, clearly into him/flirting. The other girl is not doing any of those things. The guy takes each of them into a room, where sexual contact occurs. Which one is more likely to have consented? Clearly the one that has been flirting with him. Does it mean she did? No. Does it mean she "probably" did? Not necessarily. But I'd still say it's more likely than the other case. And looking in from the view of a jury, if that was the only evidence, that shadow of a doubt would be enough to not convict Kane. And that's why the bar report matters. Even though obviously no means no and all that stuff. I'm not saying she deserved it, or played him on, or anything else. Just probabilities and how it looks.