I really need some help!
I will call person 1 tim (the aggrieved) and person 2 John (the accused)
john was standing at the bar when, tim, starting flirting with him, tim said over and over that he was "bi" sexual and then continued to compliement john on his looks, john then returned the compliement and left the bar to use the toilet, as john entered the toilet tim followed him, John and Tim then started kissing in the toilets (both were unsure of who initiated the kissing) then tim pushed john into the toilet cubicle where they continued kissing, then tim asks if john has a condom to which he replies "yes, have you?" tim then says "no sorry, i can;t return the favour". they continue kissing, then tim turns around and takes his trousers down, john then puts the condom on and starts having sexual intercourse with tim.
Later they exchange numbers, and go there seperate ways, john was later accused of rape,
Where is the consent? is this rape?
tim declined a forensic examination!?
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