I totally agree with you.I'm sorry but this is rape, as much as pinning down someone against their will, or fucking them when they're blackout drunk should be (see Sameer Kara et al). The fact that so many (including the courts) see it as a grey area explains why woman are so reluctant to come forward with their stories
He's pressuring them into having sex. It doesnt matter which avenue he gets to choose, when you pressure a girl to do what he did, and she's not 100% sure she wants to go along with the program, its rape!
End of story