The 9th circuit judicial council doesn't attempt to resolve the dispute over whether the sex was consensual. One hopes that the appropriate authorities will do so.
Her statement that she tried to remove his arm is legally sufficient to establish non-consent and force (if force is an element of the charged crime). This needs to be investigated by the police. Unfortunately, if this occurred in AK, the police do not have a good reputation in rape cases.
Was this in Alaska? If so, he should be charged with sexual assault in the first degree (the equivalent of rape) if he ever penetrated her at all. Otherwise, he should still face a second degree charge. The alleged conduct is not just a cause of action - it is criminal.
