But from the legal point of view, what is the status? The woman did actually say "no" and the man went against her wish. But after that, she did consent.My view is that under current U.S. regulations (specifically the new "yes-means-yes" rules), this is clearly rape because of that specific point in time where the woman said no and the man violated her wishes. If the man breaks up with her the next day, or at any point, the woman always has the free option to pursue criminal proceedings against him.
Yes means yes is one of those ridiculous University administrative things and in no way criminal law. Just because a woman plays coy or teases a man in bed does not automatically mean she is not consenting, there are no magical phrases like that.
Dr Farrell has even brought this topic up in "The Myth of Male Power"-
"If a man ignoring a woman's verbal 'no' is committing date rape, then a woman who says `no' with her verbal language but 'yes' with her body language is committing date fraud. And a woman who continues to be sexual even after she says 'no' is committing date lying.
"Do women still do this? Two feminists found the answer is yes. Nearly 40 percent of college women acknowledged they had said "no" to sex even "when they meant yes." In my own work with over 150,000 men and women - about half of whom are single - the answer is also yes. Almost all single women acknowledge they have agreed to go back to a guy's place "just to talk" but were nevertheless responsive to his first kiss. Almost all acknowledge they've recently said something like "That's far enough for now," even as her lips are still kissing and her tongue is still touching his.
"We have forgotten that before we called this date rape and date fraud, we called it exciting. Somehow, women's romance novels are not titled He Stopped When I Said "No". They are, though, titled Sweet Savage Love, in which the woman rejects the hand of her gentler lover who saves her from the rapist and marries the man who repeatedly and savagely rapes her. It is this "marry the rapist" theme that not only turned Sweet Savage Love into a best-seller but also into one of women's most enduring romance novels. And it is Rhett Butler, carrying the kicking and screaming Scarlett O'Hara to bed, who is a hero to females - not to males - in Gone With the Wind (the best selling romance novel of all time - to women). It is important that a woman's "noes" be respected and her "yeses" be respected. And it is also important when her nonverbal "yeses" (tongues still touching) conflict with those verbal "noes" that the man not be put in jail for choosing the "yes" over the "no."
It is definitely on the radar as a concern.