Grindelwald didn't rape or torture Graves when he had him captive. He wasn't particularly nice to him, but he had better things to do than torture his captive. Of course everyone at MACUSA thinks he did rape and torture Graves. So, when Grindelwald goes to trial and they start reading the list of charges, both Graves and Grindelwald are very confused.
Graves, Grindelwald, others- Misunderstandings