Except for the fact where the guy admitted to the offence, and stated that the woman wouldn't lie.
Consent laws (In Australia) mean that's it not enough to say "she didn't say no" any more than it's an excuse to say "she was asking for it".
Consent has to be given free from any outside influences. That includes when you are not able to agree, either because you're asleep or unconscious, or your completely smashed.
That said, those are Australian laws.
Even if you were looking at c) for your defence it doesn't change the fact that he broke into her house and then raped her.
Unless she has a sign on the door saying "I consent to all individuals entering my house regardless of the time to engage in sexual intercourse with me, regardless of my state" then it's no dice.


with his penis,
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