At this point, all we have are Stiviano's word for it that Sterling consented (and asked her to do it), and allegedly the word of the third party.
Remember that, depending on the circumstances, if you are aware something is happening, you may be deemed to have given consent without ever having said "I consent to this."
You're quite correct. An implied consent is the same as actual consent since both require knowledge as their foundation.
In other words.....if you KNOW it's happening and you do nothing to stop it, it's your own fault.
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I doubt seriously this......girlfriend....... has any 'proof' of this consent whatsoever. What gets me is that so many are so busy wagging fingers, they let the fact they think Sterling's 'racist' overshadow the illegality of it all.