Do you have a source for this (indeed peculiar) definition? In France the information was that he had consensual sex first, then during the night he had sex wi

Do you have a source for this (indeed peculiar) definition? In France the information was that he had consensual sex first, then during the night he had sex without a condom unknowingly to her and/or when his partner was asleep (I cannot remember exactly) and it was this second case which he was accused of (which fits the description of rape)