It would make an interesting criminal law case. Being that it's a pure 'he said,she said' case, they were in a relationship and no longer are and the alleged rape occurred during an act of some flavor of BDSM would a District Attorney even prosecute it? I doubt it.
Is it rape if you're fucking a girl, everything seems to be fine, you're pumping away like a champ, she suddenly says 'Stop', and you don't? A guy in that position is definitely in a state of diminished capacity to control his behavior I think.
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