jake - I do stand corrected and apologise for my misinterperetation of your point.
However, I think we are on dodgy moral grounds if we start inferring that consent to sex is offered by a woman being in bed with a man, even if sex has already taken place. To my mind, if a woman wishes to say 'No' before sex, or even during, then that is the time for the man to stop. As I understand it, JA was engaging in intercourse without protection with the woman when she woke up. If she is not awake, she is not consenting, and inactive compliance should not be interpereted as consent.
As to the remainder of the facts, we will have to wait and see.
In respect of your request that I locate a similar prosection - given the lamentably small number of women who even report rape, much less expose themselves to the ordeal of a trial, I am afraid I am unable to comply on this occasion.