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I am not a layer and even when the law in Europe and the USA is different in many ways...
At first we say in Germany: Where's no prosecutor there's no judge. Will mean, when the girl didn't remarked who fucked her and therefore didn't prosecute the boy(s) it's not rape.
And even when she remarked it or somebody told her later, I do not think that she would have big success with a lawsuit, except she pointed out clearly that she didn't want to have sex with this specific guy.
Imagine a typical scene in a swinger-club where a women gets fucked be a couple of boys (sometimes even with a blindfold) and afterwards she prosecute several men, because she does not like their noses....
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