I contacted DR and this was his reply...
What is important is that racing rule 41, Outside Help, from 1/1/2013 onwards allows a boat to receive help if one or more members of her crew are 'in danger'. After receiving such help, she can continue in the race.

Before 1/1/2013 such a boat would have broken rule 41, and her obligation would then have been to retire from the race or face disqualification if she was protested.

As you stated, if she gains an advantage as a result of receiving such help, she can be penalized by the protest committee in such a way as to remove the advantage she gained.