The judge can say anything that he wants and invite an issue for appeal and he in fact made several rulings and comments inviting appeal. But unless there was a jury instruction there can be no finding of rape. I invite your attention to the settlement announced this past Sunday between ABC Corp and George Stephanopoulus on the one hand and President Elect Trump on the other hand in an amount of $16M plus $1M for attorneys fees to be paid to Trump on this issue. Of course, you can believe anything that floats your boat but to my knowledge there were no federal criminal jury instructions given to the jury nor any criminal jury instructions fron any other state jurisdictions provided to the jury.
Merry Christmas to you and yours