What someone is wearing has nothing to do with consent.
It's because prosecutors understand factors to legal victory that clothing, drug use, prior relationship with defendant, and other things like that are relevant.
Speaking descriptively, the job of the police is not to act as some neutral 3rd party of justice and investigate all claims of the truth in proportion to their merit. It is the secondary job of the police to set up cases for the prosecution without regard for defense interests. It is the primary job of all agencies ever to manage organizational credibility, robustness, and scope.