They are so fake its laughable.
I don't think they are being fake. I think they are concerned that he crossed a boundary, and some people are suggesting it is her fault if he did. And that is rightly a concern. But I think they are ignoring the complexity of real life communication about consent.
If I'm on a date, someone points at their lips and smiles at me, and I kiss them, and they don't stop me, then they say, "No I was telling you there was crap on your lips and to wipe it off WTF", then we have a lack of clear communication.
There is a tendency to go from zero to 10000 on these matters of consent and miscommunication, so if there is a screw-up, an erring on the side of affection/intimacy or whatever, then the guy has basically committed sexual assault. I think this is really bad for young men (and women frankly). In the lip-pointing case, it takes two people to have a miscommunication.
If she pointed at her breasts and smiled, and has been baring her breasts all day, for instance, how is it weird to think she was inviting him to be the next one to do it for her? What if she had been doing that all day, letting guys pull down her shirt, and laughing about it?
Obviously there are non-grey area cases of unequivocal sexual assault. The ******* from Stanford. So I'm not saying every case is equivocal and complicated. This one does seem that way. The courts would recognize it, I guarantee.