Of course they are
But I don't think you can accuse him of rape in that situation.
( Pickle Fairy is clumsily dancing away this fear, Wed 29 Oct 2008, 18:39, archived)

You can if he has sex with her,
even when she is saying "no in fact I don't actually want to have sex now please".
( Moon Girl Technologies horrendous beanbag, Wed 29 Oct 2008, 18:43, archived)