It deffinately is rape but hard to prove in court. Sorry this happened to you. Shame on him.
As you have shared so much ill share something ive been too ashamed to tell any one (trigger warning, this may be very triggering)

(Trigger warning, dont read if easily triggered)

I was drunk and passed out, i was raped but then i did the unthinkable and i hate my self so much for it. I had sex with the rapist latet that night. I was drunk and taken drugs. He also stole my phone earlier that night. I am so angry that i slept with the rapist after the fact. I must be the only person in the world to ever have done that. I dont know if i was in denial or too out of it and lost total control of my senses. It was along time ago.