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And here is where the argument can get very heated, very fast.
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My *guess* (GUESS) is that Lueke's scenario was something like yours -- but adding the complication that, then back at the apartment, the girl was either passed out or incoherent, and Lueke went ahead without a "yes" immediately beforehand.
Your interpretation of the penalty for that will differ wildly, depending on where you are on these political issues.
Some college groups, for example, want SIGNED consent forms -- and without written consent, you've got rape by definition.  Some add the requirement of verbal YES's at each stage of undress -- do you mind if I take off your belt?  Can I take off my socks?  etc. etc.  Your mileage may vary :- )
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Of course the woman needs to consent, but that's precisely the defense's claim, that she did consent.