That is what happened in the case of Assange. Who knows where Assange ranks when it comes to his level of compassion as a lover, but neither of the accusers claimed that he engaged in non-consensual sex with them. It happens that this after-the-fact rethink is called "rape" in Sweden. Most US publications published this detail in the fine print but proceeded with a character assassination campaign against Assange calling him an "accused rapist" without shedding light on the small detail that most people in the US consider rape to entail non-consensual sex.
In France the information was that he had consensual sex first, then during the night he had sex without a condom unknowingly to her and/or when his partner was asleep (I cannot remember exactly) and it was this second case which he was accused of (which fits the description of rape)