Earlier quoted context omitted.
"No doubt in your mind that..." != "It is true that..." This is the problem with your argument. I'll admit it, I don't explicitly "ask consent" and there have been times where there was "no doubt in my mind", and yet, I was rejected. :( But if I was rejected, then I've clearly committed sexual assault in the most strict sense. It's called "misreading a situation". You may think something is enthusiastic consent, but…
Just as long as you understand that in this context, "live dangerously" means that you might rape people without meaning to, just because you couldn't think of a sexy way to say, "So do you wanna fuck?" That's an easy choice for me.
1) The legal definition of rape (at least in most states?) makes it such that one cannot "accidentally" do it.
Keywords: "[by means of] force", "duress", "physical resistance", "objected verbally".
A woman who was: * Not forced * Had no duress * Not physically resisting * Not verbally objecting * Mentally capable of making decisions
...is considered to be consenting. In other words, and perhaps contrary to the way you believe it should be, THE LAW REQUIRES YOU TO EXPRESS YOUR DISCOMFORT OR ELSE THERE IS NO PLAUSIBLE WAY THE OTHER PERSON COULD KNOW. Sorry. :(
If a person has sex but later decides they weren't really that into their partner, wished that they didn't, wished that they had stopped it earlier -- it's not rape. Regret and the discomfort / dissonance that comes from it is a far cry from traumatic, forced rape.
2) You know long before you were "accidentally raping" someone whether or not they were consenting.