Not really relevant unless you can show that he kept on even while she was unconscious. Do you really think the judge wasn't aware of the 2011 decision?
That decision is interesting though. It well illustrates just how crazy things have gotten in society's attempts to regulate sexual activity. You can for example give consent to have your body cut open and parts of it cut out, all while you are unconscious and that's just fine with the courts. But if your wife says "Honey I'd like you to wake me with your tongue *wink*" she is asking you to commit a crime even if you are also a woman.
How is it that one consent is valid and the other not? The contrast seems more than a little bizarre.