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if he's not guilty then HE is the victim.

I'd like to posit a third alternative. I believe that there are situations -- and this may be one of them -- that it is not exactly rape but then it is not entirely consensual. That is, the two agreed to have sex, but they each had such a different idea of the type or nature of the sex that they would have that there was no "meeting of the minds" before there was a meeting of the genitals.

Of course, no one (outside of Antioch College) actually sits down and negotiates the terms of a sexual encounter, especially when the two are strangers or near strangers and the sex is illicit. One can see that the woman could easily feel that she was the victim of false pretenses which -- after she gives it some thought -- causes her to conclude that she really didn't consent to what happened and therefore it must have been rape.