What legally constitutes rape varies by jurisdiction. Some places still define rape as “they put their penis inside someone who didn’t want it inside them”. This is a much more narrow definition than what is generally accepted by the public today, but legal definitions are often dated. Those jurisdictions usually have separate, wider definitions for sexual assault or other acts of harm, though, so it’s not a free for all.
Then why wouldn’t she be charged with rape?
They both went straight to prison. For the crime of being cool people that got laid while they were partying.
What legally constitutes rape varies by jurisdiction. Some places still define rape as “they put their penis inside someone who didn’t want it inside them”. This is a much more narrow definition than what is generally accepted by the public today, but legal definitions are often dated. Those jurisdictions usually have separate, wider definitions for sexual assault or other acts of harm, though, so it’s not a free for all.
Yes, if she was the instigator.
That’s not what the poster sez.