518, so any case of sexual assault in which there's an initial lack of evidence should be dismissed?
Uhhhh, no. And I'm glad the law doesn't work like you think it does/should. There's more to criminal investigation and charges than video tape and "reliable" witnesses.
And there's likely a lot more to this case than what has been reported. We don't get to see the entire criminal report the police made nor do we know exactly why charges are being filed. There's more to it than just a busboy NOT seeing something that someone was accused of doing.