Sex when sleeping is not rape.
Sex without consent is Rape. Both parties have to agree to sex.
If a person is sleeping then they are not capable of giving consent.
Sex with someone who is sleeping therefore is rape and the law is very clear on this.
This is an emerging picture but one that should be very clear. Around 17% of rapes reported to Police Scotland last year involved a victim who was sleeping at the time of incident.
Understand that rape when sleeping is a significant and emerging problem.