Actually, that would still be forcible rape under the law as consent was not given nor could it be inferred. Any time an action is taken to bypass or ignore consent then it is forcible rape.
Non-forcible rape is generally defined as any time when consent can not be given as a defense. In those cases, the state need only prove sex took place. For forcible rape, the state needs to prove sex took place and consent was not given.
no subject
Non-forcible rape is generally defined as any time when consent can not be given as a defense. In those cases, the state need only prove sex took place. For forcible rape, the state needs to prove sex took place and consent was not given.