Actually, per her article, she consented to penetration. Granted, it was digital penetration, but that is penetration consent. The FBI definition of rape is, “Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
The law does not draw a distinction whether it’s a pinky finger, a thumb or a penis as to what is being consented. The point it would have become rape is when she said for him to stop and he didn’t — which wasn’t the case. That is when consent is taken away after being bestowed.
Now in Canada, rape isn’t even a legal term. There’s just sexual assault and varying degrees of such. Sexual assault is defined by lack of consent. Consent, according to Canadian law is, “the voluntary agreement to engage in the sexual activity.” In this case it would have to be determined whether digital penetration consent allows for other penetration not being considered sexual assault until consent is removed.
Now I’m not saying the guy isn’t an asshole. He is. He knew how she felt about maintaining her virginity, and what he did is morally wrong, if not legally so. The law SHOULD be able to punish him for what he did in my opinion — but it doesn’t.
That said, a big part of the reason that the act of penetration itself is the determination and not the type of sexual activity regarding or regardless of penetration is… feminism. On more than one occasion the US has attempted to update the definition of rape to include different types of penetration as well as “Made to Penetrate” as distinctions in determination of consent — but it’s always shot down by the (feminist) left. This is because it’s estimated that as many as 1 in 8 men are “Made to Penetrate” by women, and it wouldn’t fit the narrative if men became the victims.
And in case you’re wondering what “Made to Penetrate” is… You ever have your girlfriend / wife wake you up to morning sex where you’re still relatively unconscious? Best way in the world to wake up in my opinion — but that would then be rape (because you were asleep, and couldn’t give consent) if rape didn’t hinge on being the one penetrated. Feminists fear that taking away the power of a woman to initiate sexual acts is unfair, and that it could be used by men to legally assail women. However, because of their refusal to ever allow for a man to legitimately be a victim, they will deny real victims (male or female) of sexual assault and rape legal action because they won’t expand the definition.