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The defense is pretty solid, but a prosecutor might be inclined to point to his having an erection as active participation in the act.
Let's say the guy gets drunk, and rapes her (forcefully). Alcohol wouldn't be considered a mitigating factor in most courts (I think, I'm not a lawyer), so her being drunk but not so drunk that she can't initiate and carry out pretty much all action needed to engage in sexual conduct ought to leave "Fred" in the clear.
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