There isn't a loophole.
And this ... this is scary. This gives a loophole to all the bastards who hear a girl being overflirty with them in front of her friends, and so feel they can do whatever they please with impunity later.
That's not consent; that an assumption. However, you could argue it if A had a witness who heard B agree to the sex earlier. But even so - that does not mean B didn't change their mind later. It's a very difficult legal area basically setting one's word against another.
kalel wrote: and,
_ A does not reasonably believe that B consents.
So as long as A really thinks he has consent all's good?
"Sure she was unconscious, but she didn't say no..."
And fingering without consent is sexual assault (or a nice surprise, whatever).
I came in like a wrecking ball. Yeah, I just closed my eyes and swung. Left me crashing in a blazing fall. All you ever did was wreck me. Yeah, you, you wreck me.