The only description I found was during several acts of consensual intercourse she fell half asleep and she thinks that he might have ejaculated without a condo

The only description I found was during several acts of consensual intercourse she fell half asleep and she thinks that he might have ejaculated without a condom. I don't think she's was saying the sex was non-consensual just that he if he did ejaculate inside of her that was without her consent. If this is incorrect I'd like to know because in my mind I'd labeled him as "dirtbag but not rapist". But happy to label him a rapist if he is one.