
the one form of behaviour that very seldom occurs in your scenario is someone turning the lights on, waking the partner up, somehow assessing if their partner is able to give informed consent, then asking for and receiving informed verbal consent (or written consent to have sex just to make sure there are no misunderstandings).
The english law has a sensible test of "reasonable expectation" which the jury can basically apply community norms about what is acceptable behaviour based on the circumstances, while the Swedish law doesn't and is in my opinion flawed in favour of the accuser.
( , Tue 21 Aug 2012, 23:21, Reply)