The real problem isn&#x27;t consent it is that there are no witnesses. It becomes &quot;he said, she said&quot; in the heterosexual case. In a crime with no witnesses and no physical evidence there is nothing the law can do justly.<p>Right now the societal balance is moving toward always believing the woman. As verified cases of false accusation accumulate that balance may swing backward.<p>There are no easy answers and it makes it obvious why societal norms in the pre-modern era had tighter restrictions on sexuality outside marriage.