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Rath said:

If you have sex with somebody when they're asleep and then they wake up and say its ok. I'm pretty sure that consent is retroactive.

In reality what he is accused of doing (the condom thing) could at best be a lesser sexual crime than rape, molestation or some such. To label these alleged actions 'rape' is to take weight from a word that labels one of the worst crimes a person can commit.

It isn't.

Also, the condom thing wasn't labeled rape.  It was something else of which we are unsure of likely that consent isn't retroactive as consent isn't retroactive regarding any other crime.  The BBC reported it as the having sex with someone while asleep thing.  

It wasn't the condom thing though Rape laws in Sweden are identical to pretty much everywhere else in the western world.