Ok, so I have been on the fence about posting to this thread.....
I've got an associate's degree in Crimal Justice, and very close to my bachelors. In nothing that I've ever read or learned has anything given me any indication that this charge would hold up in court. I pity the prosecutor that takes on this case, as there are no legal benchmarks that would support it. Usually, prosecutors must have sufficent burden of proof to support an indictment, and must be able to explain the who, what, when, and where of the offense(s).
Even if the prosecutor was able to legally prove, through the ISP, what the IP address of the offender was, they would then have to prove who was sitting behind the keyboard on the other end. This alone, imo, would bring up the "beyond a reasonable doubt" issue, as the individual may not have an alibi, but any defense attorney worth their weight would be able to convince a grandy jury that there's enough doubt there to keep from even issuing the indictment.
In addition, there is way too much ambiguity in the definition of online rape. Convincing a grand jury of the definition would lie with the defense, and then the prosecutor could easily sway their opinion, because there are no previous cases or definitions to draw from.
This is just scratching the surface of the legal mess created if someone were to try and use online rape as the primary charge against someone. If it's an accessory charge in with child pornography or something like that, it may be easier to prove. Regardless, the legal system is tied up with enough bullshit right now as it is. There are criminals being released out on bond suitable for much lesser crimes because the municipality's jail is full and they don't want to pay to transport and fund their incarceration elsewhere. But that's a whole different topic...
Basically....it's BS. If you have issues with someone like this, contact the ISP with screen shots and they'll take their own actions, which would end it anyway. IMO there's no need to involve an already bogged down legal system with something as ill-defined and difficult to prosecute.