yes she was they mention that multiple times

bojack did a lot of bad things and was not a good person but… the penny thing is not the worst thing he’s done. he told her no. several times. she kept pressuring and begging him and he said no even though she was of the legal age of consent. he was upset and thought about doing it but in the end when charlotte walked in he didnt so no harm no foul? ik this is controversial but thats what this post asked for so