I suppose you could read this one two ways:

1. She was asleep and this guy was getting his jollys. In that case it would be sexual assault, and the guy deserves everything the court throws at him.

or

2. She was awake. In that case I think they have a very flimsy case for sexual assault. She was concious and able to voice a refusal for sex. If you read it this way, the guy was never told "no", no attempts were made to stop the act, ect. Also doesn't sound as though any force, nor threat of force was used, or that any coersion was used.

I'm with DB, this one sounds fishy. Albeit, we don't have all the facts, but I kinda think the woman was embarassed at being caught in the bed with another man, said "he tricked me" then stuck to her story.