But I wanted to say, I think we need to look at how we define rape, and why it's a crime. Firstly, it has to do with general consent, yeah? If someone pushes you against your will, it's assault, if they do something sexual to you against your will it's sexual assault. But in the first case, we presume consent. If someone carries you drunk from a party while you're passed out, you don't generally sue them for assault and kidnapping, whereas if they touch you up, you can have them convicted as a sex offender. So why?
Well, sex is supposed to be special. It can be good, and amazing, and emotionally uplifting...but when it's bad, it can be a whole lot worse than physical assault. That's two ends of a pretty large spectrum though.
Lets go back to the case where someone carries you, drunk, from a party. Lets say they too are drunk, and they drop you. You might get some bruises, might even break something if you're unlucky. Then you might sue. But if you wake up with no memories and no pain, that's no problem, right? So why should it be different with sexual assault? If I woke up after a party in no pain and no memories, I would have no problem with someone having touched me up - after all, it wouldn't have harmed me, right?
So what was different in the case discussed above? The media. The damage wasn't to the girl (she didn't contract any infections, nor was she hurt as far as we know), but to her image. She wasn't harmed by being fingered, but by people knowing she got blind drunk with strange guys who took advantage of her.
And that's why I think this case isn't rape. That's why I don't think lots of 'rapes' men are convicted for are truly rape, because often (despite the fact that sex is seen as 'special' and outside the realm of normal logic) there's no harm done. And a rape conviction does a hell of a lot more harm to the guy than the sexual assault itself. I'm sure lots of people will disagree, but I don't think someone's feelings about their reputation should be put on a par with other people's entire futures. Rape convictions do more damage than rape. That's why lots of women don't report it, because really, most women are more just than the law.