Yes. He had sex with her while she was asleep, and so could not consent.
Sure, the ep later reveals Jenny was actually awake. But an ambiguous groan does not mean, “Have at it.”
Yes means yes, a point that Kevin’s mortified friends understand as he tries to get absolution from them later by employing new League slang with “sleep sex.”
Even Ruxin offers a horrified expression when Kevin tries to justify it with “I’m married!” before responding, “Of course, I’ve tried the spoon-slip. But she’s conscious to say, ‘No, Ruxin. Go downstairs and watch your tape.’”
The League can try to spin this into another tale about Jenny and Kevin’s marriage malaise, but we’re not buying it. This was rape. And a show that relishes in pushing the boundary refused to call it that. Instead, they called it “Cosbying.”