well, the initial act was not rape, because there was no rejection or objection, so its a matter of convincing the jurdge to believe Toby did not know the plaintiff was a minor. and ntswaki is going to concede on her evidence which is a part that will lead judgement in favour of Toby, she fell in love with him and lied to him. and also Ntswaki's father, if they happen to call him to the stand to hear his daughter's past behavior, he might concede as well.