A’s sexual experience with B counts as A's rape of B, just in situation (i) A is in a situation to give educated consent to have penetrative sex, (ii) A is familiar with or should to have acknowledged that B is not in a place to consent to have penetrative sexual intercourse or is not verbally or bodily agreeing to have penetrative sex, and (iii) A is proceeding to have penetrative sexual intercourse with B, irrespective of (ii).