Sandy works at a local bakery. Sandy must work late and doesn't walk out to the parking lot where her car is parked until around 1:00 a.m. While opening her door, Sandy is hit in the head with the butt of a gun and raped by Dave. Fortunately, a passing driver happens to see what is go on and immediately calls the police. Dave is captured and charged with aggravated rape

Is aggravated rape the appropriate charge? Why or why not?