I'm not making excuses, I'm being specific and correct. Rape (which isn't defined in the Canadian criminal code) has a very clear definition understood by the public (and defined in law elsewhere) as requiring penetration of some sort.
You're actually defaming him (and therefore guilty of libel under Canadian Criminal law) for accusing him of something which is not true and could harm his reputation further.
In your opinion, how many years of jail should be given to someone who kisses another person without their consent? Or does that part of this situation not warrant jail time? Should there be a mandatory minimum for any form of sexual assault? How many years then for the more serious offence of removing someone's shirt and bra without their consent?