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how do you mean? Do you mean is it rape if the guy says "do you want to have sex," the girl is mute, and the guy starts having sex with her?
Well, even there it depends. If the girl stays quiet, but rips her clothes off and starts gyrating on the guy then no, I kinda don't think that's rape. If the guy rips her clothes off and starts having sex with her, then it's very likely rape.
On the other hand, why the hell is the girl staying silent? say "no."
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