Joining in on the side of hysterical rational female thinkers. No is always no...not maybe, possibly, er ok then! NO
He went beyond trying it on and launched into attempted rape.
There was a thread before where a poster had a very similar horrific experience, (he did not accept her no and carried on regardless). She was shocked, scared, afraid and angry when confronted by posters telling her it was rape, After reading the legal links etc she realised that HE was wrong, had acted illegally and had raped her.
Attempting to penetrate a sleeping person is automatically attempting to rape them in the eyes of the law. Sleeping people can not consent to sex so default setting in that instance is rape/attempted rape.
Totally different from someone waking you with gentle hands or voice to gain consent.
Totally different from both people being awake and one trying it on a couple of times and gently gaining consent.
Totally different from saying no and both of you rolling over and going back to sleep.
The op was woken up by the man attempting to penetrate her vagina with his penis. No gentle encouragement, no attempt to wake her so she could consent to and participate in sexual intercourse. His intention was to insert his penis and have sex with a sleeping (unconscious) woman.
This alone is Illegal. No shades of grey, no excuses.
The fact that she woke up before he had got his dick in is not the end and does not excuse his behavior.
SHE WOKE UP AND SAID NO
He continued to attempt penetration, forcibly positioning her body so he could get his penis in her. All the while she is telling him to stop, no, get off etc.
This is not gentle persuasion/encouragement of a reluctant/coy person, game playing or any other strange reasoning some posters are coming up with.
It was attempted rape. The man is at best deluded with very poor boundaries and at worst a potential rapist, both being a danger to women. The op managed to get out of the bed and home of a would be rapist. That is down to her strength of will and determination. He needs to be warned by the police to stay away from you. In an ideal world he would be charged with his crime but that action is for the op to decide.
I said no to DH the other night, he said ok and rolled over. I lay in bed thinking about it for a few minutes then decided I was in the mood so cuddled into dh and let him know. "but you said no" was his response, not huffy or sulking, just questioning me to be sure I was giving consent. "I changed my mind" We had sex. He didn't need to pester/nag/whine TBH that makes me more determined not to change my mind.