I thought Hardy's point was that Tess is in some way responsible for her own downfall?
If it is rape by Alec in the woods, then everything Tess gets is deeply, deeply unfair.
But the Aristotelian model of flawed hero/ heroine which Hardy bought into means that only if Tess is compkicit in some way can she achieve the status of tragic hero. Otherwise, it's not tragedy just bloody, bloody awful luck.
So, the key bit is after the sexual encounter in the woods, Tess says (something like, sorry, don't have the text to hand): "my eyes were dazed by you for a little".
People say the sex scene in The Chase is (a) rape or (b) ambiguous but I really think the novel is richer if it is read as a semi-consensual encounterr as it opens the door to the idea of a woman's enjoyment of sex.
By the way, I don't think a 21st century understanding if consent can be applied. Obviously, a sleeping woman cannot give consent, that is clear legally and morally, but that would not have been Hardy's perspective.