I have not denied there being possible grey areas in some scenarios. Most are extremely worrisome, for both parties, given the scenario you make MtheGM.

Personally, while I can see that she has not positively consented, she made no attempts at resistance either. How would the man have any clue without always asking, is it now okay for us to proceed to penetration? What a passion killer that would be, albeit a sensible request.

Very often people will be in a situation where no sex is the purpose of a kiss and a cuddle. But with that comes the lighted fires of passion for both and they progress. Things happen and go forward and, with no actual requests to have sex, they proceed to have intercourse. No implicit permissions have been given by either party. They werr both agreeable to it continuing by their very own actions. No resistance from either. If she later thinks "Wait a moment, he never actually asked me if I wanted that, so ikt must be rape" I think she is wrong. I do not think him a rapist either.

With no force or no refusal how can it be rape? This suggests that rape may not just be about consent per se, but also showing some actual refusal to having sex. One could argue if she dos not say no and is a willing party to the sex then that is the case. A retro "I never gave permission even though I enjoyed it and wanted it" would not be rape I think.

Of course each individual case is different and each has to be taken on merit. But in your scenario, given she was a willing party and only after some thought remembered she gave no actual consent, he has not raperd her. How could he know? The only thing that would stop that is to make it law to ask immediately before penetration... is it okay to proceed?

Even then you will get cases where she wants him to stop. If she states that and he carries on, then it is rape. But retroactive accusations of willing parties I suspect the courst would stay clear of.

Acquaintance rapes must come in all sorts of situations. There are massive grey areas I think. But the charge of rape, while not fully bound on consent, would then at least have to rely on sone refusal. Refusal then invokes the removal of any possible consent so it would not have to be said.

My head hurts...

mp