Is this legally rape?

[Spectre_15]

For obvious reasons this is a topic that I don’t want jokes in and I won’t use any names at all. I’m only asking here because google has been less than conclusive thus far. I don’t know if I’m just not searching the right thing or not. Maybe it’s because I haven’t been drunk in a long time, so I’m not sure where the line is to be able to give consent. 
 

A friend of mine went to a third person’s house a few nights ago to drink and hang out. She told him up front that she didn’t want anything sexual. She told him that the last time they hung out too. 
 

He got her to drink to the point that she “felt the room was spinning.” and wanted to go to bed. He started asking for sex. She kept saying no, over and over, until she just gave up and let him fuck her so he’d leave her alone and let her sleep. 
 

I have evidence by his own admission that he gave her plenty of alcohol, including texts and pictures that he sent me (we were all friends, obviously he’s not a friend anymore). She feels like she was taken advantage of and forced to have sex with him. She had no car, and even if she did, she was too intoxicated to drive. She did say yes, but only after being intoxicated and badgered into it. Is this legally considered rape?

[Elizinator]

yes. that is rape. more precisely, sexual assault

 

sexual assault is any sexual contact without consent. ANY. and badgering someone into consent is not consent. this is further exacerbated by alcohol, which might reasonably be determined to remove the possibility of consent altogether

[27X]

Depending on the state/country at the very least it's sexual assault, in my state it's rape, simple as.

[Mr. Otaku]

Not a criminal law expert but i'm seeing coercion, taking advantage of intoxication and sexual assault. Should count as rape in most places.

[DoctaSax]

Your best bet is to ask a lawyer practicing where you live, or anyone else qualified to give legal advice, especially if the idea is to take action.