The point is, rape was never expressly forbidden because to a Middle Eastern male, it's a moot point what the woman wants. She is either the property of her father or her husband. A man who rapes a betrothed woman has violated another man's property, that's what he's being punished for. If she fought, they graciously forgive her, but the crime is not against her, it's against her betrothed. That's why it's a different case than if she is unmarried.
The Jesus loophole is an invention that reflects the changing times.
“Lady,” who changed the times?
Where are these freethinkers coming up with their improved moralities for, in your view, Christianity to adopt?