@ReRead from a personal standpoint I'm undecided but from a legal standpoint in modern times please do realize that if you are a male, and she decides to sue in a situation where she keeps refusing, you will most likely lose the case (especially since rape cases are more biased towards women) if you are a woman it still stands, however, male rape cases are usually not properly punished, I don't recommend you force someone who's refusing since it can get messy quick.
@Glenyty That whole story is too weird for me to take him seriously. He's checking in on her after she almost died and the first thing he does is take off her clothes?
Instead of having it be in her bedroom, imagine if she was sleeping at a hospital and he just fucks her on the hospital bed while she's trying to recover.