7. One who was raped would not be guilty of pornei'a. Discernment is needed in considering claims of rape, taking into consideration such factors as the mental disposition of the person, the circumstances that led up to the incident, and any delay in reporting. (emphasis original)
What on earth does that mean? In what sense is this a judicial matter for the victim? Discernment is needed in determining what exactly? And what are the consequences of "mental disposition", "circumstances that led up to the incident", and "delay in reporting"?
The clue is in the references that come right at the end of the paragraph - "w03 2/1 pp.30-31; it-1 pp.862-864; w83 3/15 p. 30 ftn."
w03 - QFR encouraging screaming and resisting if raped. There was an acknowledgment that that may not always be possible.
it-1 - 'Fornication' - there is a section on the Mosaic law and rape victims. If the girl screamed, it showed that she was not consenting.
w83 ftn. - just says forceable rape is not classed as porneia.
I suspect the factors warranting 'discernment' and 'consideration' (in the elders' minds) would go along these lines:
The mental disposition - How did she feel before, during and after the alleged attack? Did she struggle/scream? Could she struggle/scream?
Circumstances that led up to the incident - Where was she? What was she doing there? (Based on anecdotes I've heard in the past, I wouldn't be surprised if they asked) What was she wearing and did she lead the guy on?
Reporting - did she make a police report? If not, why not? If there was a delay in doing so, why? Same questions regarding reporting to the elders.
For comparison, the 1991 Pay Attention book, on the matter of avoiding "getting into situations that might involve acts of self-defense" (p. 141), said:
If assaulted, a Christian could ward off blows or even escape from the attacker by temporarily incapacitating him.
A Christian woman threatened with rape should resist to the best of her ability. (Deut. 22:23-27; g84 2/22 pp. 24-7; w83 3/15 p. 30; g80 7/8 pp. 9-13; g73 4/22 pp. 16-17; w68 6/1 pp. 345-50)
Screaming is usually one of the best defenses, however, some individuals are unable to scream out of intense fear. (A male or female who is forcibly raped would not guilty of porneia.