"Certainly it introduces a new complexity to the case, no?"

Was thinking the same thing. Also a psychological component, intermittent reinforcement. She had rebuffed him and then agreed to have sex 2 or 3 times. Who knows over what period that happened and whether there was any rebuff in between the sexual events. After all, he persisted and to away with it at least one time after being rejected.

(Not agreeing his behavior was proper obviously just pointing this out.)