
Under New York law it isn’t rape if both parties agree to get intoxicated and agree to sexual activity. It seems like she agreed to the first couple threesomes? They stopped in between bc one of the guys threw up. Then she texted the first guy asking to hang out again after the incident saying nothing illegal happened
Maybe she was just bewildered or something and didn’t register it as rape till a while after? But all this other information makes it really hard to prosecute without it seeming like she just changed her mind after agreeing to something. Is it taking advantage and bad? Yeah. But is it rape? Under New York law, most likely not
So apparently neither of us are right and it was the first couple dudes and threesome, not the first couple threesomes. In a later statement she apparently said she was okay with it, again this could’ve been a trauma response trying to move past it who knows, but it does make the legal case a lot more shaky. This is where I’m getting this info: https://www.bbc.com/news/articles/cmpq0r1ljpqwo