>I mean, if two people have sex and then sleep in the same bednight, and one of the two attempts to continue having sex in the morning ... if you wanna call that rape, rape might not even be a moral crime.

Nah , that's rape, one of the parties was unconscious .

> Because practically being asleep and unconscious are different things.

Sleeping is a form of unconsciousness, not a different thing. It is different from.ither forms, as those other forms are from eachother.

>Because practically being asleep and unconscious are different things. Legally I'm not sure what the common jurisdictions accept.

Try that as a defence and see how far it gets you.

And at this point, it must be known if she contracted an STD from him. I'm assuming if she had, there would be additional charges for it. So, we pretty much know he didn't give her one, so it's a little weird to me that this is being discussed as a could have.

It's about consent: if he knowingly endangered someone there should still be consequences even if he got away with it, just as you'd want for, say, someone driving drunk even if they didn't hit someone that time.