I see. Your point is that it really wasn’t rape-rape.
OhhhKayyyy.
Did she consent to enter the bathroom? Did she agree in the hallway to engage?
For a criminal trial, that’s going to be a hurdle to go over.
Statutory rape laws used to mean that NO minor below “age of consent” could legally consent. But the hedonists won on that matter.
Now we are trying to argue the case for mentally challenged persons.
The school is the culprit and so is the perp. But a court conviction is going to require a burden of proof that may not be met for criminal (civil yes) conviction.