It really comes down to the matter of if she consented - it appears not
But also, if he himself knew she didn't consent - if drunk, possibly not
Doesn't matter how she tried to fight him off, many can claim they'll do their up most to fight off a rapist, and expect rape victims to, but until it actually happens you don't know how you'll actually react in such a situation.
OP I'd advice you to talk to a help line or an expert before taking things further.