But I can't see any impediment to him and his men having their way with her. Did I forget Julia Lepida had a 'no rape' clause in the crucifixion contract?
Julia Lepida didn't say they couldn't rape her, it was the carnifex, Balbus, who still wanted to buy her himself and sell her for a profit. He didn't want anything done to her that would lower her value. By the time he knew that the sale wasn't going to happen, it was too late.
Sabina described to Salonina what happened in her cell after they took her away:
And I surmised the reason why Ajax said he “hadn’t taken her measure.” Balbus wouldn’t have his men using her as they certainly would have otherwise. He still wanted to buy her and he wanted her in good shape so he could turn a handsome profit when he sold her later.
But then I wondered how she got so much dirt on her in places that her dress covered. I hated to ask, but I needed to know.
“Did Balbus and the others… do anything to you after they took you away?”
She stared down at the floor as she answered. “They brought me to this cell, then started taking off all of my clothes, and… and I fought, and then I was down on the floor, in the dirt, fighting and screaming while they pulled my clothes off. Then they made me stand there naked, all of the men looking at me. Balbus reached for one of my breasts and I hit him, but one of the Nubians held my arms.
“I thought they were going to rape me then, but all Balbus did was cup my breasts, squeeze them and look at them. One of them held a lamp up while he looked at me, front and back, examining me like a pig in the marketplace.
“But the worst was when one of the Nubians bent me over, and I was crying for them to stop but they wouldn’t. Balbus was looking and feeling between my legs, even spreading my porcella open. He said that I wasn’t a virgin, and I thought for sure that the next thing I felt was going to be his cock thrusting into me, but that was the end of it.
“They left me alone in the dark then. I gathered up my clothes and dressed. Since then the only people I’ve seen have been the Nubians who bring water from time to time. And then you.”
“Balbus was examining you to see how much you might bring in the slave market. He wants Julia Lepida to sell you to him, but so far she’s refused. I don’t think there’s much hope of her changing her mind on that.
“And you not being a virgin might be both good and bad. Balbus would offer more for you if you hadn’t been deflowered, and maybe your domina would sell you then. But if not, well, they can’t crucify a virgin, so they’d have had to rape you. Seems like Balbus won’t do anything to lower your market value. Could be that you’re safe for the time being.”
All of which, of course, is my choice regarding incorporating rape into this story. I could have, just didn't want to. That would have been cliche' - why read it if you already know what's going to happen?