Rape or bad judgment? Do you believe Elves' character at the end?
My mom and I ended up with different interpretatiosn of the movie. I believed Armond, Elves' character, because he said it at the end, screamed it out in public when he had nothing to lose - she was walking away from him. I figured Lohan's character really did seduce him and then decided she wanted it to stop but wanted proof with the tape to someday do, well, what she does in the hotel. Says, rather.
My mom thought he did rape her, and that's that, that later she decided to share the truth, but saw her mom's reaction and tried to make her happy by saying lies that the original statement was a lie. But later, one might assume, she decided to turn it all around on him and used it against him. I say "not because I think a REAL rape victim wouldn't look to profit from it.