Is it rape if you don't want it to be?

Curious if anyone knows legally if two people are hooking up. They aren't dating. And they end dating other people. But during the time they hook up they had consensual encounters before and after. One of the time times the girl is drunk and didn't take her bcp and doesn't want to do it. But doesn't neccesarily say no. Like she made excuses but he kind of persisted. He convinced her to let him just do stuff other than sex. And at first she said stop but during she didn't and they both ended up climaxing but she never actually gave permission to have intercourse. But later they hooked up even after that a few times. Would this be legally rape or no? Even if she rather not see it that way. Also they're both 17.

Well if she didn't consent, and wasn't in the right state of mind (ie drunk) then yes

Curious if anyone knows legally if two people are hooking up. They aren't dating. And they end dating other people. But during the time they hook up they hadconsensual encounters before and after. One of the times the girl is drunk and didn't take her bcp and doesn't want to do it. But doesn't neccesarily say no. Like she made excuses but he kind of persisted. He convinced her to let him just do stuff other than sex. And at first she said stop but during she didn't and they both ended up climaxing but she never actually gave permission to have intercourse. But later they hooked up even after that a few times. Would this be legally rape or no? Even if she rather not see it that way. Also they're both 17.

oops my bad I forgot that part they both were drunk. my bad soory

Rape is unconsented sex, so if you feel like you didn't give another man/female permission to touch you sexually - then its rape. But your situation is a mess. Why is the girl drunk when shes only 17? Hmm. Don't do it if you can't handle it.

Ok firstly, they're both over 16, so it's perfectly legal for them to have intercourse. Secondly, she was drunk which is not the best thing because she probably wasn't thinking straight at the time.

If she made excuses then it's likely she did want to have sex but maybe she would have preferred to be sober when she did, which would explain why she initially said stop.

His persistence and convincing was very selfish of him because he would have realised that she wasn't sober enough to enjoy it and so he effectively did it against her will. Her not giving him permission just shows that she was too drunk to stop him and/or resist. So it could be classified as rape, but it depends on how you see it.

well they both were impaired. I was more curious if the fact that she didn't say yes would mean rape or not. Like I said the reason she said no was because she didn't take birth control and didn't want to have sex completely unprotected.

She said something along the lines of 'no I don't want to have sex' so unless she's said or done something after which equated to consent, it would technically be rape regardless of why she didn't want to have sex.

But as pointed out there is a big difference between technicality and actuality.

I would lean to saying this is rape based on only those facts however I would want to know more about the relationship before and after before saying for definite

Before to comply with the sexual offences act 2003 s1(1)(c) A does not reasonably believe that B consents. it would make a difference
After as if the relationship continues for a long time I would personally feel that it could be someone trying to punish someone for the relationship rather than the act

they didn't have a relationship. They ended up dating other people.

She made excuses as to why she didn't want to do it. Therefore implying she wasn't interested in having sex at the time. Which is why he further convinced her to. idk it's too gray of an area for me to think it was.