You mean...

While she didn't physically fight him off... She wasn't physically encouraging him either? In the sense that... She kind of froze or something and not that she kind of got lost in the moment?

Because I would think that that would be rape, yeah.

That being said... It would be hard to prove non-consent if she didn't fight him off at all (and sometimes it can be hard even if you do try and fight them off). I just mean to say that it is unclear what is to be done.

I'm sorry.