Hello again and I am sorry for the Site issues. I am a User just like you (don't work for the Site) and am a bit frustrated myself too today. But in any event, thank you for your reply. Ultimately, it is up to the prosecutor to decide whether or not they have enough evidence to go forward with a rape
charge, since all crimes are, from a legal perspective, crimes "against the State" and therefore they have prosecutorial discretion. However, it might be worth your while to contact the District Attorney's Office and ask to speak to the ADA who has been assigned your daughter's case, or speak to the DA themself. I say that because your daughter has a right to speak to them and to advocate for the filing of charges. Again though, it is there decision.
That said, although it might be true that this young man might not be able to be charged with sexual assault of a minor under that statute, if the DA believes that there was coercion on the part of this guy, they could charge them with sexual battery.
The only other option, if the State refuses to file and prosecute criminal
charges, is to file a civil suit against this boy and his family under tort law, for the assault. In that case, you would want to speak to a local trial/litigation attorney (they handle personal injury cases, which is what this would be on the civil side) about your daughters case and see if they would be willing to take her case. She just needs to be prepared for the process and testifying, etc.
Please let me know if you need any clarification. I would be glad to assist you further if I can.