Yeah, claiming victim gave consent while drunk doesn't count and will not remove a rape charge... it might prevent a guilty verdict during trial, but not the charge. So no, claims that everyone said it was "consensual tomfoolery" doesn't really change anything. And especially not in this situation with the power structures in sumo being what they are.
But Nishonoseki was there... and based on reports, he did nothing, just as Miyagino did nothing. One lost a stable and was essentially forced out, the other got no penalty and everything got swept under the rug like it never happened.