On the flip side I know he knew I was asleep but if he does try to say he didn't know what do I do then? Do I feel sorry for him that I'm accusing him of something that he didn't realise? Then am I the wrong one here? What if in my sleep I made a noise that I'm completely unaware of? It's scary to think how he may twist and turn it to make me think I'm in the wrong...
No, he raped you. The reality is that you are telling him you did not give consent. It doesn't matter whether or not it was a mistake or on purpose on that basis - if he is pretending it was by mistake (and let's be clear, he IS pretending. he knows perfectly well you were not awake), he should be begging your forgiveness and constantly saying he's sorry. Not insisting that you give him your panties so he can have a wank.
A man "misunderstanding" is NOT an excuse for rape. And in his case, I'd love to see him explain this to the police,
Him: Well officer, when she's sleeping, I think she's awake and is keen. She's certainly not pushing me away.
Police: Does she say anything specific to show you she has consent?
Him: Well, she moans occasionally. And she doesn't push me away .
Police: But after the first time this happened, she told you that she had not been awake nd did not like it?
Him: Well, obviously, that was a mistake and I didn't realise. I really thought she was awake.
officer: Okay, but when you tried to have sex with her the second time when she was sleeping, did you not think that perhaps you were, again, misunderstanding her?
Him: Well, she moaned.
officer: Yes, but last time, it turned out she had said no....
I mean, the most imcompetent barrister in the land could rip his story apart.
The reality is that he has been penetrating your body without your permission and when you were not turned on. As a result, I suspect that there is actual physical damage of some sort so if you really wanted to take this further, you could probably ask to be examined by a doctor. I appreciate that this is very unlikely to be appealing.