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"That was rape." "Heh, uh, yeah, I was so deeply confused about the whole thing, you know? Just got sort of carried away, right?" Yeah, no, not even slightly what happens in these situations.
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I know at least one guy who tried to play off rape as misunderstanding. Save in rare cases of real problems with empathy etc., it's always malice. Toxic relationships are a different story. There people often know better but get carried away. Doesn't make it OK, though.
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There are only two types of consent violations: Weird, pushy behavior that violates implicit consent standards. Actual crimes. If pleading ignorance to the second works, that's on the criminal justice system. If the first work, it's a fool me once fool me twice kind of thing.