Ohio Penal code:
2907.02 Rape.
(A)(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:
(a) For the purpose of preventing resistance, the offender substantially impairs the other persons judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.
(c) The other persons ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other persons ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
(2) No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.
(B) Whoever violates this section is guilty of rape, a felony of the first degree. [*** goes on to talk about sentencing criteria, and whether the victims past sexual history is or is not admissible at trial ***]
Now it is possible that section (A)(2) applies here (force or threat of force)... but giving that the age of the alleged victim was specifically mentioned as under 13, I would wager a small sum that section (A)(1)(b) {the italicized part above} is the relevant section.
Note that this law prohibits "Sexual conduct" which is defined:
"Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
So it COULD be that all he did was perform oral sex on her. It COULD be that all he did was stimulate her with a vibrator.
Do I think it is completely this "best case scenario"? Well, no, I do not. But you have no more reason to assume that he "probably did in some cases" use force or violence than I do to assume the "best case scenario".