I am not saying that she willingly engaged in sex, but if the set up was her being affirmative, the courts may find it difficult to convict on a rape charge, let alone the issue of entrapment.
I see. Your point is that it really wasn’t rape-rape.
OhhhKayyyy.
There is no rape charge. The boy was given a 5-day suspension.
The school administrators didn't rape her. The case is, I think, a civil case, money damages against the school district. Any rape charge would run against the rapist, and it would be up to the local DA to bring the charge.
I've read all your replies. And it seems to me that you're either misunderstanding - or misrepresenting - the girls affirmation.
She do not agree - or affirm - to have sex with the boy. She agreed to act as bait.
The boys side could argue that once she was in the bathroom, she "went along", but what does that mean?
It is most likely she had only the barest scrap of understanding of what sex is (e.g. "is pulling down my pants still part of 'acting as bait'?"), and as such, given her mental state she could not give consent.
If I ask someone if I can give them a lobotomy, have they really given their consent if they think I'm really talking about giving them a kind of lolli-pop?