So if one party doesn't say no, goes along with it and enjoys it - just how the f**k is the other party supposed to know its non-consensual?
Again without speculating on the particulars of this case, you can't make an assumption that the first party did not say no based only on the fact that they seemed to be enjoying the sex at one particular point. If the first party declines and the second party then forces them to comply, they can still derive some physical pleasure from the act itself. The body has a mind of its own.
To avoid miscommunications, a good place for men to start is to just never force themselves on women. Consent needs to come
first. You can't wait until during or afterwards. If a man throws a woman down on a couch or a bed out of nowhere, lies on top of her and starts kissing her, that's aggressive. The woman might feel confused or threatened and kiss him back, not knowing how he'll react if she tries to push him off. But for obvious reasons the guy could interpret this as her reciprocating his interest. And both parties wind up with very different impressions of the same event.
Alcohol makes these situations worse, because the guy can become less perceptive to the signals they're being given, and the woman can feel less in control.
Consent is tricky. Both sides of this particular case would probably like to treat rape as a black and white issue, but there is plenty of grey area there. It's a ******* complicated issue. That's why it's so important to communicate and to not make assumptions.
The deck is stacked against rape victims. It's extremely difficult to get justice, and most accusers don't. Even though everything we know suggests that the percentage of false accusations is relatively low, it's just too hard to prove that a rape has taken place. To even make an accusation, the victim has to put themselves through a whole new kind of hell, while knowing the whole time that it probably won't do any good. Who would want to go through what the claimant went through over the course of this trial? Both the details of what she went through and the verdict itself will be incentive for future rape victims to not come forward.
That's why it's so important to stop this stuff from happening in the first place, and the best way to achieve that is through communication and people having larger discussions about consent. If one party is put in a position where they feel like they've been raped, it's not good enough for the other party to throw their arms in the air and say "how the **** was I supposed to know?"
Just make sure you know. Make sure all parties are crystal clear where they stand and go from there.