Literally everything confirmed rape. David Bogdanov didn't want a man touching him. David Bogdanov didn't invite a man to touch him.
If you don't want a man touching you, and you don't invite a man to touch you, and a man touches you, that is rape.
I can't speak about the trial and neither can you. Maybe it was brought up. Maybe it wasn't. What I know for 100% fact is that if you don't want a man touching you, and you don't invite a man to touch you, and he touches you, that is the textbook definition of rape.
This occurred in Washington state so the only definition of 'rape' that applies is the one in the Revised Code of Washington's (RCW) criminal section. Note the part regarding 'forcible compulsion':
Rape in the first degree.
(1) A person is guilty of rape in the first degree when such person
engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory:
(a) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or
(b) Kidnaps the victim; or
(c) Inflicts serious physical injury, including but not limited to physical injury which renders the victim unconscious; or
(d) Feloniously enters into the building or vehicle where the victim is situated.
(2) Rape in the first degree is a class A felony.
Definitions. (Effective until January 1, 2022.)
As used in this chapter:
(1) "Sexual intercourse"
(a) has its ordinary meaning and occurs upon any penetration, however slight, and
(b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes, and
(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.
I can't speak about the trial and neither can you. Maybe it was brought up. Maybe it wasn't. What I know for 100% fact is that if you don't want a man touching you, and you don't invite a man to touch you, and he touches you, that is the textbook definition of rape.
I don't know what about this is sending you off of the rails, but from my perspective if you're going to take the stand to defend WHY you murdered someone, that would be a good time to tell the court and jury that you were raped by the person you murdered. That didn't happen, so from what was reported in the news story, I stand by my statement that nothing was said during the show regarding Bogdanov being "raped". Deceived into partaking in activity with someone of the same sex whom he never would have touched had he known he was male, okay, but as far as was reported, he didn't report being "raped" by anyone, which would have been the right thing to do as opposed to murdering the person who deceived him.
I don't know that it automatically becomes 'rape' because a person is deceived, presuming of course that the activities were consensual prior to Bogdanov discovering that 'Nikki' was male.