Yes,it is drugs more than drink to be that "frisky" at a parking lot at broad daylight.

 

Yeah, this is text-book rape in and of itself, but they mark as a special case. This is a couple in a relationship. The social boundaries normally afforded to strangers, or a new couple on a date, are removed.
Not unlike if you're asleep and your partner rubs his erection on you and enters you, or you wake to find your woman performing fellatio on you - you're not going to file rape charges.

The concerning issue here is his impairment..he was unable to conciously reject her IF he did not want her to continue intercourse.

 

That and the fact that they are in the broad daylight lying in the parking lot lol