Legally probably not since the man's attorney would no doubt say the man had no way of knowing she was consenting against her will unless she communicated her wishes for him to stop to him. It is hard enough to communicate with one another when we use words and gestures or other means of expression of indicating our wants to another but the law in her state is probably written so that words telling him "no" or "stop" or "I don't want to do this" or constantly pushing him away in anger or with tears, screaming, etc. or hitting/slapping him would have really communicated her fear and real feelings to him.
I sure pray that she can find some peace and resolution in dealing with this terrible experience.
__________________  Jeanie and Tibbe One must do the best one can. You may get some marks for a very imperfect answer: you will certainly get none for leaving the question alone. C. S. Lewis |