KC99I am not 100% sure it would have been to determine if penetration had taken place. Don't forget that years back there was the view that if a woman did not scream or take other strong action to try and prevent a sexual assault then she could have essentially consented to sex and it would not be rape
I understand your second point in terms of OT theology, flawed as it is.
Re 'penetration' - there is a legal definition of this (at least here in UK). Do you think that 'elders' could determine whether penetration had taken place by the position of the woman's legs? Most of us in the real world know that penetration can happen with a woman's legs (vaginally or anally, and certainly digitally) firmly clamped together. Sorry, that's the real world again.
How TF can 'elders' seek to justify these questions? I bet that a good hooker could get into positions that allow penetration that they've never dreamed of, so what makes them think they're qualified to ask these questions?
From my experience, women trying to defend themselves against rape is not as straightforward as the OT and JWs believe.
Just yesterday a BBC report on child grooming and abuse had a quote from a child victim to the effect 'I was on the bed with some men. They asked and I said 'yes' because I knew that if I said 'no' they would go ahead anywy.'
That's real life.