You don ' t need consent to be explicit in every sexual encounter . If when you kiss someone , they kiss you back , and take some initiative , then you have implicit consent . Consent is the state of the person , if a person desires sex with another person , and if this person is not forced to have sex , then rape is not present . I think that lumping too many things under the term rape might attenuate the difference between two people having drunken sex , someone who kinda felt morally obliged to have sex with someone with the other person not realizing so , someone who kinda felt morally obliged to have sex with someone with the other person actually knowing what ' s going on , and someone forcefully having sex with someone else . To some people , all these situations are rape , but they are absolutely not the sameI just proofchecked , and it seems you are right The incidence of orgasm from unsolicited sexualarousal of approximately 5 % quoted in the above interviewis remarkably similar to the 4 % reported byRingrose 24 but both sources believe that these figures areprobably underestimates due to embarrassment 113103001536 pdf