Situation 1:

Person A and Person B are in a relationship. Person A initiates sex with Person B. Person B does not want to have sex with Person A but decides to do so anyway because:

    1. Person B does not want Person A to resent Person B; or
    1. Person B is scared that Person A may hurt Person B if Person B does not have sex ; or
    1. Person B think Person A will break up with Person B if Person B does not have sex; or
    1. Person B thinks Person A will cheat if Person B does not have sex; or
    1. Person B is intimidated by Person A; while Person B does not believe Person B will physically harm them, they feel intimidated

Person B, for any of the above reasons, manifests an outward display of consent to the encounter but internally does not desire sex. If your answer is different depending on the situation, please explain.

Situation 2:

Person A and Person B are neighbors in a dorm. Person B has desired sex with Person A on several occasions and sent several text messages to Person A to this effect before. Person A and B drink together tonight and reach a point of serious intoxication. Person A asks Person B if Person B desires sex; Person B says "yes". They proceed to have sex.

Both are intoxicated enough, at this point, that they would be deemed "too drunk to consent" if adversarial/criminal proceedings were initiated by one.

Neither Person A nor Person B regrets the sexual encounter the next morning.

Did Person A rape Person B? Did Person B rape Person A? Did they rape each other? Is the question "Was it rape" only answerable depending on how they feel about the encounter later on?

Situation 3:

Person A and B are students at a college in California. They are in a romantic relationship.

They agree on Thursday that they will have sex on Friday, but will role-play: Person A will "take" Person B, who will act surprised but will not resist. They agree that if Person B says something, or resists in any way, that Person A will cease. Absent that, Person A will proceed and Person B will do nothing.

They do, indeed, have sex on Friday and Person B does not resist or say anything for the duration of the encounter.

However, SB-967 states:

Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time.

Did Person A rape Person B under the law?

EDIT:

New One

Situation 4

Person A has an IQ of 145; Person B has an IQ of 80. Both are 25 years old. However, the difference in the intellectual and emotional faculties of the two are as great as (or greater than) the differences between a 14 year old and a 40 year old in a hypothetical statutory rape case.

Person A convinces Person B to have sex. They do. Is it rape?

If statutory rape laws exist because one party's youth entails they lack the social, intellectual, and emotional development necessary to give meaningful consent - is the absence of that development in above-age people similarly indicative of the inability to give meaningful consent?

I'm not asking if people should be charged with rape because they sleep with of-age people who lack the "social, intellectual, and emotional development necessary to give meaningful consent." I'm asking if rape occurs when those people have sex with someone of sufficient development.

So I'm asking something not pragmatic, but theoretical.