This isn't true. A woman can neither consent nor refuse to consent with her mind alone. If she says "No," or "Stop," or she screams "Get off me you son of a bitch", or she slaps, punches and struggles --- or if she is underage, mentally disabled, drugged or unconscious --- she did not legally consent, and the crime is rape.
Yes, as with any other crime, there could be a false accusation. But it's not just a say-so charge. The jury can be entrusted to evaluate a range of evidence and determine whether there are grounds to convict.
You’re missing my point.
There is no action by the rapist that in and of itself constitutes rape. There are a remarkable number of women who prefer “rough sex,” up to and including tying up, slapping, beating, etc. If the victim participates willingly, it’s not rape. If she does not participate freely, it is rape. There are probably not as many women into this as in the fantasies of their male opposite numbers, but they certainly do exist.
That’s why the crime of rape depends entirely on the POV of the “victim.”
(Scare quotes only because not all claims of victimization are valid. Many, probably the big majority, certainly are.)
There was just recently in CA a case of a young woman who recruited a guy via Craigslist to beat her up. She promised sex with her as the payment. She then claimed rape, and the obvious assumption is that the beaten-up woman with forensic evidence of recent intercourse was indeed raped. But of course she wasn’t. There was no difference in the actions of the (disgusting) man. The only difference was in her head.