That makes more sense.
In this case, the reality was that he was not asleep and both later acknowledged the incident as it being consensual. If he was actually asleep, then yes, it would have been rape.
The definition is it being not consensual and in this case, it was consensual so that's what I am going based on since the uke admitted to it being consensual and he was not asleep. It's a tricky situation and there are people who view cats calls as rape, so it can get grey when discussing this but I view people who are actually asleep being raped different from him, who was pretending to be asleep and admitting it was consensual.
It was consensual and therefore, not rape but it was a bad way to get to sex so I agree with you there. Both of them acted dumb. Pretending to be asleep and drunk so you can get laid? Lol
I wouldn't do that in real life, especially for my first time but this case had a lot do with their shared history. At least they are more honest now.
Hm. Rape. I dont like rape.