Marco Was Secretly in Love with Kylie, Who Is His

Marco was secretly in love with Kylie, who is his roommate. Each night as she slept, he gently kissed her once on her lips. Kylie became very upset when she learned about Marco's behaviour. She had always regarded him as a good friend, but nothing more. Which of the following statements is TRUE?

A) Marco has not committed the tort of battery because Kylie did not suffer any physical injury as a result of being kissed.
B) Marco has not committed the tort of assault because Kylie was asleep when he kissed her.
C) Marco has not committed any tort because Kylie was his roommate and because his actions therefore were merely normal social interaction.
D) Marco has not committed the tort of battery because Kylie was asleep when he kissed her.
E) Marco has not committed the tort of assault because Kylie did not suffer any physical injury as a result of being kissed.