Although the U.S. Justice Department's definition of rape states, "Physical resistance is not required on the part of the victim to demonstrate lack of consent," states still dictate their own definitions. In a 2014 op-ed for The Guardian, Deborah Tuerkheimer pointed out that more than half the states require proof of resistance . And while some of the language specifying that someone wasn't raped if they didn't physically fight back has been "softened or eliminated," evidence is still needed to get a conviction.