Of course it is, but i think to a bigger degree than people think. Examples: Saying yes half way through, not saying no or yes ever, or have had consensual sex previously with someone who is your "significant other".
I think a good lawyer could get people out of these scenarios
What other scenarios can you think of that would border on the edge of not being rape?
Like what if she accepted money after? That could be argued as her just being a whore, ect.
The grey area of consent was a huge issue at the university I attended, to the point where they had these dark-toned posters up everywhere saying something like "just because she doesn't say 'no' doesn't mean she's saying 'yes.'" The issue was that people were going out and getting drunk at parties...I can't tell you how many times I seen girls having to be dragged just to walk, over someone's shoulder being carried wherever because she can't function, or vomiting in a toilet with her hair being held back. Meanwhile droves of girls are going out with tons of cleavage showing, skirts so low-cut that you could see their asses sometimes, and you just know that some of them are going to get too messed up, and some guy isn't going to be able to help himself.
The main problem was that there would be guys who would be a little more sober than the women, and they could talk them into sex, but these women were clearly beyond the ability to reason. Or sometimes, a girl would give consent, but not remember having given it while the guy thought everything was fine. I don't know what the exact laws are regarding what is considered rape and what is not in such circumstances. A lot of people of both genders ended up getting hurt in the atmosphere.
I'm not even sure that I have ever had sex without being under the influence of something legal or illegal.
Does that mean I'm a rape victim under the enlightened light of U.S. law?
I feel so dirty now.
I have to take a shower.
A long, cold shower that will let me cry the pain and anguish away.
Then I'll smoke a joint, have a few beers and let my lady rape me yet again.