In the morning, she woke up to Assange on top of her having sex with her. She asked if he had obtained a condom and he said no. She told him to get off, and, well, he got off, but not in the way she meant--he kept going, came, and then withdrew.
That would arguably be rape in the US.
http://en.wikipedia.org/wiki/Assange_v_Swedish_Prosecution_A...
http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgment...
"Rape - On 17 August 2010, in the home of the injured party [SW] in Enköping, Assange deliberately consummated sexual intercourse with her by improperly exploiting that she, due to sleep, was in a helpless state. It is an aggravating circumstance that Assange, who was aware that it was the expressed wish of the injured party and a prerequisite of sexual intercourse that a condom be used, still consummated unprotected sexual intercourse with her. The sexual act was designed to violate the injured party’s sexual integrity."
I would consider that to be rape, but I have no idea whether the US in general or legally would agree.
"In England and Wales, a decision to charge is taken at a very early stage; there can be no doubt that if what Mr Assange had done had been done in England and Wales, he would have been charged and thus criminal proceedings would have been commenced. If the commencement of criminal proceedings were to be viewed in this way, it would be to look at Swedish procedure through the narrowest of eyes. On this basis, criminal proceedings have commenced against Mr Assange"
Link in the cousin comment.