The law removes that choice. She did it in front of witnesses. If the prosecutors want to send a message, his consent is not required.
Any man who charges a woman for dumping a drink on an ignorant, rude jerk of a man who should've been paying attention to his date rather than talking on the phone to someone who IS NOT THERE should remove his testicles and send his man card back to the men's union.
Whether that's the jerk who was talking on the phone, or any idiot Prosecutor who for some stupid reason sees fit to charge her with "assault" or any other crime.
MAN THE F UP ALREADY.