You brought up the law, not me. But you're wrong in assuming that rape can exist, if the the person who has supposedly been raped, says that they weren't. Legally rape can only be pursued, if the victim wants it to be. There could be a hundred witnesses claiming that it had taken place, but if the person in question takes a different view, then it makes no difference. As far as the law is concerned, there is no rape. The only exception to this, would be if a minor was involved, or someone who was mentally impaired. Because rape is about denial of consent, and minors and those who are mentally impaired, are not legally regarded to be able to give consent.
Jurisdiction makes no difference, in this instance. If someone says that they weren't raped, there is no place in the world that would pursue it any further.
There is only one scene in this game, that approaches rape, and that is the scene with Marc after the museum event. From our perspective, Marc could be said to have raped Myriam. But from Myriam's perspective that never happened, because she's unaware of what really happened, and is unlikely to ever discover the truth. She instead believes it was her fault, and thus she's never going to believe she was raped. From a legal standpoint, that means it never happened, whether it's in the real world or just in a porn game.