✔ 最佳答案
The 36 year old would, in the normal course of events, be guilty of having sex with an underage person, however, if she contends that she was raped, then it becomes a matter of which evidence the court prefers. It is a matter of which party can prove their contention.
Assuming that the relationship was factually, albeit not legally ''consensual, it is hardly likely that either would provide compelling evidence against the other.