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> Isn't rape usually considered a violent crime by default?

The answer to that question is a bit complex and involve a bit of language barrier and differences in the way the law is organized.

Rape is not a specific crime, but a heading in the legal text and a category. As such you have "lesser rape" being defined by one set of circumstances, "rape" with other circumstances, and "serious rape" for a third set of circumstances.

Initiating sex with someone who is sleeping belongs to the first set of circumstances, i.e. lesser rape, and hold a maximum punishment of 4 years and minimum of 6 months.

As for the expected punishment in the Assange case we can look at a predicate where a accused inserted a finger while a woman was sleeping after a party and stopped when she woke up. The punishment was 10 months.



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