Is considered rape if he didn't use his penis? 6 Answers as of February 18, 2014

My female friend was raped by my male friend, she was asleep in my guest bed. He was to sleep in another room in a sleeping bag. He woke up during the night, crawled into the bed she was in and tried to put his penis inside her. She was too scared to move. He couldn't get his penis in since she didn't move once and then he started using his fingers by putting them inside her vagina, while he fondled her breasts. After that he masturbated next to her and got up and took a shower in the guest bathroom. She then woke me up and I had my husband kick him out. We went out drinking before all that happened, he slept for about 2 hours before he assaulted/raped her. The police was called, a crime lab was at our house and he's been in hiding since she reported it. Is It rape if you don't say no because you're scare and is it rape if the person uses their finger and not their penis?

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Universal Law Group, Inc. | Francis John Cowhig
It's rape whether he used his penis, his fingers or any other object.
Answer Applies to: California
Replied: 2/18/2014
Law Office of Brendan M. Kelly
Law Office of Brendan M. Kelly | Brendan M. Kelly
You don't have to say no, and you don't have to use your penis. Very dumb of the person.
Answer Applies to: Nebraska
Replied: 2/18/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
It is clearly criminal sexual conduct, have the victim follow up with the police.
Answer Applies to: Michigan
Replied: 2/18/2014
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
Insertion of fingers into the vagina or anus is rape.
Answer Applies to: Nevada
Replied: 2/18/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You don't need to say no in order for it to be rape. She knows it is rape. He knows it is rape. If the penis penetrates the outer lips of the vagina it is rape.
Answer Applies to: Georgia
Replied: 2/18/2014
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