Again, it depends a lot on the state this where this takes place (I'm assuming US law; I know next to nothing about laws in Canada or Mexico, and even less about such laws in Europe or Asia). How badly was this victim beaten? How much did the two rescuers actually see? What did they do to the alleged assailant? What is the age difference between the accused and the victim? Did the accused already have a relationship with the victim, and/or with her rescuers? If so, how close were they? Has the victim been involved in these kinds of incidents before? Does law enforcement consider the assailant a threat to repeat his actions?
Sorry, but this isn't a "soup question." (Please see the movie "Finding Forrester" for a full disclosure of the meaning of this phrase.) It's complex and diverse, and it depends on so many factors you haven't spelled out that there's no one right answer. And evidence that would convict the assailant in Texas might not lead to a conviction in New Hampshire, or vice versa.
But it would be fun to read how you might develop this theme. Was I a bettin' man, I'd bet you'd have FOLCs on the edges of their seats with this one.
