[Heretic]

It could be considered rape (or at least sexual assault) if the alleged victim was unable to give consent by legal definition (age difference, for example). But if both parties involved are of legal age and at a mental state that would allow for them to understand what was happening, or at least give them the ability to say "No", then lack of refusal is, in some ways, implied consent.

Where this gets kind of fuzzy is if the so-called perpetrator tells the so-called victim that he/she should accept it/go along with it if and when it happens again, at risk of injury or other threats.