I agree. Also it should be noted that it is the only crime that exists only in the mind of the victim, since all of the activities that might result in physical evidence are engaged in by some consensually.
Certain activities + consent = no crime.
Same activities - consent = rape.
That’s absolutely true. There’s rape, and then there’s legitimate rape. I’m not being sarcastic.
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.
A legitimate (bona fide) rape leaves physical evidence that is not generated during consensual intercourse. When a woman's reproductive organs are physically damaged, that is fairly strong corroboration of her claim of being raped.