I would say she consented to have sex with a PERSON, the same person who fucked her with her consent, several times. If a guy wouldn't get it up and would use a dildo, it wouldn't be assault.
If he used a dildo without her consent, that would also be assault.
I can see the five page checklists being dispensed at gas stations world wide:
Fingers: (yes) (no)
Tongue: (yes) (no)
Condom: (yes) (no)
Your honor, I agreed he could use a condom, but that sick bastard used a ribbed condom, not for my pleasure and if you read chapter 7 Ss 234, you can see the ribbed condom was a clear violation of my consent.
Hmmm... you have a valid point, 10 years, no good behavior... oh, and take a sexual consent check list with you to prison... you'll need it.
Yes, the deceptions sucked, but this is fucktard litigation. It's like a pro-ball team X suing team Y for ziging left when they should've zagged right.
To lead, first follow: Aurelius, Epictetus, Descartes, Sun Tzu, to name a few.
Semper fidelis (which sometimes feels like a burden)