To be precise Stallman argues that lack of mens rea at least should mean that it was not 'assault'.
In another place he also argues that it is not evident that Guiffre had sex with Minsky - she says she was directed to, but she does not say that she eventually did that, the lawyer did ask here where she went to do that and she answered this question but it is quite probable that she misunderstood the question (and instead answered the question where she was directed to do it) and there is a witness who says that Minsky turned her down. It is a fair argument for me.
In another place he also argues that it is not evident that Guiffre had sex with Minsky - she says she was directed to, but she does not say that she eventually did that, the lawyer did ask here where she went to do that and she answered this question but it is quite probable that she misunderstood the question (and instead answered the question where she was directed to do it) and there is a witness who says that Minsky turned her down. It is a fair argument for me.