Read where she made it clear before she came over she didn't want sex.In her defense, I don't think she went to the apartment planning on having a threesome.
Or maybe she wanted to fool around, but not have sex with anyone.
At least that's what she's saying I believe (maybe I'm wrong on the aligations)?
If either of those are true then I get why she went to the cops, but she has a responsibility to actually say no if she didn't want to partake. If not, then it is unfair to say "not saying no means no". That's a ridiculous standard.
Any way you look at it, its a bad situation.