This does not answer the question.
Assumptions dont work when it comes to law.
Intentions also need to be verified with proofs.
If it is about consent, then that consent need to be verifiable.
That's all, just pointing out the technicality.
and am telling you in reality thats not whats going to happen, countries with marital rape laws dont have some consent form with the government lmao , consent would remain the way it should be , social cues and word of the mouth . As you said, word of the mouth is hard to verify , more often victims have to get an audio recording / video when they might be attacked. The first time these incidents happen
unfortunately most victims might not have the evidence to even come forward so alot of them endure a lot of abuse before they even get justice.