Do sexual assault victims have an obligation to resist/protest?

[One_Life_To_Give]

33. Ultimately a Jury decision

Not a lawyer. I would think it comes down to what a reasonable woman would be expected to do/react.

Defense might argue that it was reasonable for Uncle Brad to assume that Kelly wanted him. And such a case could go either way depending on the details and who the jury finds credible. In a criminal case the standard of Beyond a Reasonable doubt will make the case even tougher to prove.

If someone breaks into your residence and hops in bed. Your fairly assured it's going to be viewed non-consensual regardless. File for divorce and claim spousal rape at the same time with no physical evidence. Probably a non-starter for any prosecutor.

Unfortunately there is guilt and then there is what can be proven in court.

In-case it wasn't clear enough above. Yes one can be assaulted without the use of force. Coercion can be subtle. Lack of resistance is not an invitation.