A’s sexual encounter with B counts as A's rape of B, just in situation (i) A is in a placement to give informed consent to have penetrative intercourse, (ii) A understands or should to have recognized that B is not in a place to consent to have penetrative intercourse or is not verbally or physically agreeing to have penetrative sexual intercourse, and (iii) A is proceeding to have penetrative intercourse with B, even with (ii).