Friedman: He started when she was asleep. That is the allegation.
Wolf: Well, you know — he started to have sex with her when she was asleep. Correct.
Friedman: And that’s rape.
Wolfe: She was half asleep. Then she woke up. Then they discussed how they would have sex, under what conditions, which is to me negotiating consent … they had a negotiation in which they both agreed not to use a condom, and then he went ahead and they made love.
From the Guardian: "She had awoken to find him having sex with her, she said, but when she asked whether he was wearing a condom he said no. “According to her statement, she said: ‘You better not have HIV’ and he answered: ‘Of course not,’ ” but “she couldn’t be bothered to tell him one more time because she had been going on about the condom all night. She had never had unprotected sex before.”