The typical such case involves a reluctant woman who regretted it afterwards. The men are not entirely without blame but it is the farthest thing away from what most people typically imagine as a rape.
It looks like it has happened again, this time to rugby star Jarred Hayne.
He met a woman through the internet and met her for the first time at her house. While he was in the middle of playing her a song off his laptop, the taxi outside which had dropped him off beeped its horn, and the man had to go out to convince the taxi to keep waiting. Before that the woman had not realized there was a taxi waiting outside. That seemed to ruin the mood.
He went back inside and watched grand final football coverage on the TV in the lounge room for several minutes with the woman's mother. He then went into the woman's bedroom where he began to touch and kiss her.
The woman was not interested in sexual contact after finding out about the taxi.
The woman said "What do you think you're doing? There's no way I'm going to touch you."
The man removed her jeans, while the woman claims she said "no".
But apparently the man didn't get the message that she was saying absolutely no.
It's like the difference between a "little no" and a "big no".
Many people believe this sounds more like a case where the woman was just being reluctant.
The man was not completely without fault here, but it wasn't exactly the classic case of date rape.
In many other countries this might be somewhere in the spectrum between a just a reluctant woman and being date rape. But not in Australia.
The man does not believe he committed rape, he seems genuine about this belief.
One additional factor here, the man was a muscular built rugby player and did weigh twice as much as the woman.
During intercourse the woman began to bleed, and when that happened the man stopped and did not finish.
The woman later explained "My vagina was stinging in a throb-like sensation and I couldn't understand or fully comprehend that he had just done that to me. I sat on my bed hugging my knees and staring into nothingness."
There are many people very skeptical about the claims that what happened constituted a rape, due to the situation and facts of the case, although nobody besides those two people can know for sure exactly how much the woman did or didn't protest in that bedroom.
The man was sentenced to 5 years and 9 months, but will be eligible for release on parole in a little less than 4 years.
Apparently the man could not believe he had been found guilty and would be going to prison.
https://www.smh.com.au/national/nsw/jar ... 57phs.html
Now, it should be pointed out that the woman did technically say "no" here, but due to the background context of the situation, it may not have been interpreted, and there is good reason to believe it was not, as a serious no.
There are some intricacies with consent. A no isn't exactly always a no. A woman can subtly communicate she's going to have sex with man, and then seem to suddenly change her mind, but not be very decided about it.
In countries with affirmative consent laws, this is very dangerous territory for the man.
This might have been more like "I don't really feel like it right now, maybe some time later" and then the woman doesn't put up much psychological resistance to the man's advances and is implicitly communicating "Oh, okay, I'll let you have your way" somewhat reluctantly.
Of course, if a woman doesn't feel like she specifically said yes, wasn't the most enthusiastic about it to begin with, and there was something unanticipated that went bad during the experience that caused her to feel unpleasant (especially if it was bleeding and soreness, which is not extremely uncommon), then the woman is more likely to feel violated in a serious way. That's when the sexual assault claims begin.