No, but it does have bearing on whether he raped her or not. If she herself doesn't remember if she was clear in saying no, then that matters don't you think? What if all she said to him was "Maybe we shouldn't do this", is that clearly no?
its not a yes. how about a rape victim whos been drugged or a rape victim whos drank too much or one whos mouth is covered where they cant say no does that make it less of a rape because they couldnt say no?
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