I very much doubt they'd use that defense like. It would be total speculation, but possibly the proof in those texts only shows that 'something' happened and he's claimed that it's a kiss.
I assume the defence will be 'he didn't do, there's no evidence to prove he did'.
When is there ever solid evidence/proof in cases like this that were reported a while after the incident happened though, and it's just person x's word vs person y? People still get sent down regardless