The fact that her BAC was over 1.3 the morning after in the hospital, meant even then she could not give consent. Her BAC hours before they dropped her off passed out in the snow would concur that she would have been passed out with any higher levels.
did you hear the sheriff though? ... they don't need evidence ... the girls consented by not saying "NO" ... the fact that they were passed out and couldn't say anything is neither here nor there.
Who needs evidence when you have misogynists in charge ... they can simply make it up
But they don't know how far back in time the sex occurred -- the guy claimed it was before she started drinking at his house.
When there is no physical evidence, these cases almost always devolve into he-said vs she-said, and that is extremely hard to prosecute. People are understandably angry, but that is the reality of the situation. In this case, the internet got in an uproar and managed to get a special prosecutor assigned, only to discover that the original prosecutor was right, there simply wasn't enough evidence to prosecute those charges.
Saying there isn't evidence versus girls just want attention is ridiculous though. Which is what the sheriff said. Also the prosecutor said the phone was missing. The cases are always hard, but when you have the police already unconvinced that the girls are lying then it makes it even more ridiculous when the investigation isn't very thorough.