Originally Posted by
tn2743
I don't think that it matters too much what happened after the event of the night at The Chase.
What actually happened after Alec fell on to Tess and kissed her? Did she resist?
"Raped or not"? Base on the description of the event in the book, this question is impossible to answer, at least legally anyway. The fact that he fell on top of her and kissed her without consent (because she was sleeping) can only amount to a lighter sexual offense ('rape' has to involve actual ...you know). She must have woken up after this; and how did she react to his further actions? Did she contribute to the event? We don't even know that. It is too unclear. Perhaps Hardy meant for this grey area to be.
If the question had been: Is Tess pure? Then this would be an argument; and I would undoubtedly be in Tess' favour. But the word "rape" has a legal definition, even at the time, I believe. And the moral behind this law is precisely to avoid grey areas like this, in order to punish the rapist in much worse cases. So, legally speaking (and thus morally speaking...kind of), rape: no.
Please don't get mad at me for slowly turning into a bloodsucking lawyer :D