(just in case, I didn't read much past the statement in my first comment) I interpreted that sentence as an in-the-moment situation, leaving judgement and biases out. If someone dies from breath play with unwritten/unrecorded consent there's (typically) one other person present and no recordings, so it's their word against the defense.

There's plenty of times where someone has been choked during sexual interaction, didn't give consent, and never speaks of it again. Some cases (unfortunately) don't stop there.