In the way of the law, based upon previous cases, rape is simply someone not wanting to have sex with the other party. Additionally, taking off your clothes in front of someone else is illegal if the other party is uncomfortable. By the way people have been prosecuted in california, unwanted advances have been sexual harassment. So to say he asked for consent "in a way" doesn't line up with the law.
@Semen Sampler knows about these things.
