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In this state, there isn't necessarily alot of evidence. Hell, you can take a look at the Duke Rape Case as a prime example. It's not just here that it happens. Girl cries rape, man goes to trial, girl cries, man gets a fat one in prison for the next 25 years.
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Of course, in the Duke case that didn't happen, which is really rather amazing. Despite a crusading DA willing to cover up evidence, a racial environment stacked against the defendants, a national media firestorm, a campus eager to prove that is was PC and not in thrall to a bunch of "jocks," the accused young men apparently are going to get off. They don't even have to go to trial. They aren't going to jail for 25 years, they're going back to college. And the real wrongdoer in the case, the DA, looks like he is going to be punished. Lots of people like to throw around the "girl crying rape, guy gets screwed" stereotype, but it's usually devoid of any evidence that this is actually a common occurrence.
We can debate whether abaya was or was not raped, but if the case did go to trial and abaya gave the testimony she gave here, there's no way the guy would be convicted. I seriously doubt a prosecutor would even pursue the charge.
As to the original law, consider this scenario from Dan Savage's column.
http://www.thestranger.com/seattle/S...ove?oid=125353
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I was in a good relationship with a guy, Enis for naming's sake, for three years. About a year ago, Enis asked me if we could have anal sex. I might lose your sympathy here, but I have no interest in anal sex at all. I had a traumatic experience with anal sex that resulted in some permanent damage; I cannot do it without a lot of pain.
I told Enis no and that I was surprised he asked given my past. I offered to do him, if that was what he was looking for. He refused, telling me he wasn't gay. He asked me to reconsider a few more times, but I always told him no. Enis even attempted to just "add it in" while we were having sex once. It fucking hurt, and I flipped out on him. I told him I wasn't going to change my mind, and if he had to have anal sex then he could have it with someone else, giving him an out if it mattered that much to him.
A month ago, we were making love. I was restrained to the bed; we did this all the time. The next thing I knew, he's fingering my anus. I told him to stop, but he wouldn't. He took his time, stretching and lubing. I was screaming and crying for him to stop the whole time. I won't get into how much it hurt, but suffice it to say, I nearly passed out from blood loss as a result of his tearing open old scars. He freaked out when he saw the amount of blood on the bed and called 911. (This was after he'd had an orgasm). I spent a week in the hospital and ended up with 30 stitches to rerepair the damage. I'm still in a lot of pain.
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I don't think anyone's going to disagree: this is rape. But the woman clearly consented to a sexual act. By all appearances it was an act that might involve pain and domination. This guy has a passable defense if the woman isn't allowed to withdraw consent once it is given.