Current Swedish legislation means that in some cases prosecutors have to prove that the suspect knew that the victim did not want to have sex, for it to be classed as rape.
The woman and the man met at a restaurant in Gothenburg on November 5th.
According to testimony, the woman was so drunk that she "fell in the street and lay there for a while." The man says that he wanted to "help" her.
The man took the woman to his home where they drank more alcohol, but he did not perceive her as drunk. Together, they both watched a movie and the woman went on Facebook. The man and the woman also had sex, according to the court.
The woman stated that the last thing she remembers is that she went to bed with her clothes on and she awoke alone in the room in the afternoon.
"Given the woman's condition, I think it's obvious that the man was aware. I am currently writing on an appeal," said prosecutor Stefan Lind.