in the context of what your theory, implies that because she did that she was consenting to sex with him
My "theory"? Where did I write that? All I'm saying is, looking at ALL THE FACTORS (this being just one little one amongst several VERY "off" sounding things, like, uh, the dude
having a nap afterwards and
handing her the car keys ... surely, if you're reasonable and suppress your "OMG rape!!!" knee-jerk psychological reaction for a moment, you must admit that that sounds A LOT more like the behaviour of someone who genuinely believes that there was consent, than someone who knows he just raped a woman ... does that really sound reasonable to you? Which seems more likely?), things don't look to me quite as they seem on the face of things. It's called "circumstantial" ... the bit about the bar merely contributes (as one small part) to a *bigger picture* of a probably more likely explanation.
I'm not saying that it was consensual, but I *am* saying that the evidence (based on the article) does NOT look strong enough to me to put a possibly innocent person away, just because we all feel very strong emotional revulsion about the act of rape in general. Rest assured I'm as horrified as you about rape, and do NOT think women "ask for it" with their behaviour, but I also happen to believe in (a) not letting emotions cloud one's judgment in cases where a (possibly innocent) man's entire life and reputation are at stake and (b) the concept of "beyond reasonable doubt" and (c) avoiding putting innocent men in jail just because you heard the word "rape" and saw a finger pointed at someone. Maybe you think it's better to put every man in jail that any woman makes a rape accusation against. I don't, so on that we don't and never will agree. I'd rather a few guilty men go free than a few innocents sit in jail. False accusations DO exist, and are relatively common even. When it comes down to one person's word against another, one must unfortunately start drawing lines, and look at the facts of a case objectively to see if it looks
unambiguously like rape. This is about as far from unambiguous as it gets ... I DON'T think we can know it was consensual, I'm saying I don't think we can draw a reasonably certain conclusion one way or the other at all.
Let me make it more obvious: Answer the following question REASONABLY: After having sex in his car, a man takes a nap and let's the woman drive his car. This behaviour sounds:
(A) More like the behaviour of someone who thought he'd just had consensual sex
(B) More like the behaviour of someone who just raped the woman
You must pick one or the other. (And a man, possibly innocent, will go to jail depending on what you answer, so we're looking for "beyond reasonable doubt" as our impartial standard. You probably already assume he's some monster but he could be someone normal like you or me.)