that is rough. if the supposed victim doesnt say no to sex until after penetration, i dont think it should be considered as rape. that leads the supposed rapist (for lack of a better term) into the situation under false terms. the victim's wishes should be respected. but to call the other one a rapist doesnt seem fair. it still is wrong to keep having sex after the no has been said. i think that should be under a different category other than rape. maybe sexual assault, if the victim is physically fighting for the sex to stop. although the two terms are ALMOST the same thing. that is a tough one.
america still needs to work on the current rape law instead of making it more complicated.
i find the whole justice system nausiating