Yes. But what happens in practice, both in actual rape trials and the court of public opinion, is a battery of arguments to say that it wasn't "really" rape. Disbelief at the woman's version of events. (Or, for other cases, the socially subordinate person in the interaction). Arguments that various sorts of actions or forms of dress constitute consent. Introducing the victim's previous sexual history to discredit them. And so on.

This is why "#metoo" was so controversial.