"Obvious facts" except that no...that's actually not, by definition, rape. Particularly not by legal definition. What happened in that scene is could be classifiable as sexual assault, which any non-consensual sex act. Rape is a very paticularl kind of sexual assault in that it specifically involved penetration of the victim.
Further, even if you're going ascribe it to being sexual assault, it still does not qualify as an "obvious fact" because there is actually quite a bit of legal gray areas around such thing with people in a relationship. The term is "implied consent," and without it 99% of people in relationships would be guilty of sexual assault at some point.
Walk up behind your significant other and grab their butt? Without implied consent, that's assault. Kiss on the neck while they're washing dishes? Without implied consent, that's sexual assault. I hate to break with popular narratives, but the topics of rape and sexual assault are not always as black and white as people want to believe.