There are many legal definitions for commonly used terms which merit consideration.
Here are a few excerpts from the California Penal Code
California Penal Code 261: Rape:
(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph,"unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.
California Penal Code 289:
(1) "Sexual penetration" is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant's or another person's genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument,or device, or by any unknown object.
(2) "Foreign object, substance, instrument, or device" shall include any part of the body, except a sexual organ.
We know Absolutely Nothing until all facts are revealed in court.