For one thing, because rape isn't a clearly defined concept. It doesn't have a single definition, and it isn't even codified in federal law. It's a general conc

For one thing, because rape isn't a clearly defined concept. It doesn't have a single definition, and it isn't even codified in federal law. It's a general concept which has a historical and general understanding as violent sexual assault, but modern interpretation has expanded to include a wide variety of activities. The definition above becomes more hairy once you realize that there is no easy way to determine consent. Even if someone verbally agrees to something, you don't necessarily know if they were properly informed as to the consequences, or if they were intimidated, or misled, or felt obligated, or even if they were mentally competent at the time. As an aside: if rape and sex are separate, does that mean rape doesn't involve sex? But sex is basically copulation. And that can certainly happen during rape. And rape can happen without copulation. So they're separate ideas, but whether they apply to one another depends on the circumstance. So basically, the entire definition depends on the particular interpretation of two different concepts and trying to differentiate them in context. If you can establish those things with certainty, perhaps the definition is valid. But there's a lot of 'if's floating around for that to be a reliable definition.