[user104658]

Originally Posted by Mystic Mock

What I don't understand is isn't it still rape if the guy is having sex with her whilst she's asleep?

His defence claime that she was essentially doing the "sleepwalking" equivalent of sex, i.e. that he believed she was awake and had consentedbut she couldn't remember. Obviously utter BS and should be immediately disregarded as a defence, unless the person has a previously diagnosed history of it.