As I read it, the kiss was earlier in the night, and although she did not say anything she was uncomfortable with it. Even if she hadn't been, I've always been taught that a person as a right to change their mind. Hell, I've had to change my mind with consenting sex half way though, and if they don't stop after I push away and make it clear it's unwanted (even not verbally) then I would count that as assault or harassment. Sometimes a person doesn't have the strength to say no, which is why I think you should always ask not assume, and if someone is not doing well (which she did say) then don't do anything and help that person out.

Perhaps your right, it's not assault. But it is still considered harassment, and that still hurts, is important to be dealt with, and not her fault.

And please don't think I'm saying this against men. I'm saying this about anyone who's in a situation like that.