Would this be classified as rape?

So i'm workin on a final project for my legal studies class. we were given case studies, mine is about a college girl and boy who were ex boyfriend and girlfriend...who still occasionally had sex despite the break up. they remain friends. One night at a party the girl blacks out after excessive drinking. the next mornin she wakes up in her ex's bed with complete loss of memory of everything that happened the night before. she wakes up with the horrible feeling that she had been raped. her feelings are confirmed when she finds 3 unused condoms on her ex's dorm room floor. the next day the girl goes to confirm what had happened the night before with her ex and learns that they did have sex. his excuse was that he was really drunk too, yet he remembered every detail of the night before and was able to wake up at 8 am the next day to go work an 11 hour shift. the ex boyfriend's excuse is that they were in a relationship before and that even though they no longer were they were still havin sex every now and then, so it should not be constituted as rape. is he correct, or is this a case dealing with rape?