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Is this rape?

Poll - Total Votes: 11
Yes it would be rape
No it wouldnt be rape
Yes its rape and with a confession very possible to be prosecuted
Dont know but I have an opinion in comments
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If a guy was with a girl that was age of consent, 22 and 17, see mentioned wanting to stop during sex. He continue for another half minute to a minute. And he spoke to her later about this and put it in writing exactly what I'm explaining. If there's no statute of limitations in that state for a felony would she have any success in prosecuting? Or rather would this be rape?
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If they are the age of consent but he kept going then it is rape, just not statutory rape. But if they were from two different states the age of consent defaults to 18.