THE MEANING OF ‘NO’
I’m with Easterbrook on this one. Because law–and to an extent, social mores generally–is often shaped by extreme cases, we’re getting dangerously close to the point where “rape” is being applied to cases where consensual sex has taken place and the woman regrets it the next morning.
Lithwick’s argument that “This is rape” could evolve into the same slippery slope is technically true but quite unlikely. Women are unlikely to employ the word “rape” as coy sexual banter and it’s certainly unlikely to spur on men of any moral decency. Moreover, it properly shifts the burden to the party removing consent from an otherwise obviously consensual situation.