My H has initiated sex with me in my sleep after I had turned him down earlier - sure. Do I consider that rape? NO!
Ellie
First off, I think I only said "no" to ex-b once, and that was when I was really just too exhausted to even move. I know that if he's in the mood, I can get there too - and it's a win-win for both of us.
And in the middle of the night, your H might not even be fully awake and aware of his actions. Not that it matters - I consider rape a violent act, and a man making love to his wife, and wanting to be with her to show his love is NOT that way.