Is it rape if one spouse is not awake?
this is the situation. The marriage has been rocky for years and the couple has a talk, one basically telling the other she is no longer in love with him. They have to continue living under the same roof for a while, due to financial circumstances. The husband is always bothering the wife about sex, even after their talk about splitting up. He gives her a constant guilt trip about it, and she continues to turn him down. One night she is sleeping. She sort of wakes up, but thinks she is dreaming and someone is caressing her. It feels good, her body responds. She is still not awake. Next thing she remembers her husband is having sex with her, but she's still only half awake and doesn't fully realize what is happening. Only after he is through does she mostly wake up and wonder what just happened.
Was there any consent here? He knew she didn't want it, so he waited until she was asleep and did what he wanted. Is this rape? Or what would you call this?