He described Assange as penetrating one woman while she
slept without a condom, in defiance of her previously
expressed wishes, before arguing that because she
subsequently “consented to … continuation” of the act of
intercourse, the incident as a whole must be taken as
consensual.
In the other incident, in which Assange is alleged to
have held a woman down against her will during a sexual
encounter, Emmerson offered this summary: “[The complainant]
was lying on her back and Assange was on top of her … [she]
felt that Assange wanted to insert his penis into her vagina
directly, which she did not want since he was not wearing a
condom … she therefore tried to turn her hips and squeeze
her legs together in order to avoid a penetration … [she]
tried several times to reach for a condom, which Assange had
stopped her from doing by holding her arms and bending her
legs open and trying to penetrate her with his penis without
using a condom. [She] says that she felt about to cry since
she was held down and could not reach a condom and felt this
could end badly.”
He described Assange as penetrating one woman while she slept without a condom, in defiance of her previously expressed wishes, before arguing that because she subsequently “consented to … continuation” of the act of intercourse, the incident as a whole must be taken as consensual.
In the other incident, in which Assange is alleged to have held a woman down against her will during a sexual encounter, Emmerson offered this summary: “[The complainant] was lying on her back and Assange was on top of her … [she] felt that Assange wanted to insert his penis into her vagina directly, which she did not want since he was not wearing a condom … she therefore tried to turn her hips and squeeze her legs together in order to avoid a penetration … [she] tried several times to reach for a condom, which Assange had stopped her from doing by holding her arms and bending her legs open and trying to penetrate her with his penis without using a condom. [She] says that she felt about to cry since she was held down and could not reach a condom and felt this could end badly.”
That's rape.