That's a very good question...
I keep seeing these faceboob meme about him "raping" her but he was charged with "sexually attack" ...
What is your definition? If you either (1) drug a woman; or (2) get a woman so drunk that she passes out completely unconscious; and THEN proceed to pull her pants/panties down and fondle her with your finger and then thrust your sexual organ into her.... Do you consider that rape? Forcing yourself onto someone who is unconscious and unable to either consent or deny consent pretty much meets the standard definition for me.
You can untwist your panties...
Down thread it was explained to me the rape, different from sexually assault, charge was dropped because she could not under oath say he penetrated her...
If you look up the California penal code, rape falls under the sexual assault code, but with much more severe penalties...
He received the sentence under the sexually assault code, which made me wonder why, since he raped her...