Julie and her girlfriends are excited to attend their first college party at a campus fraternity. Before they head out to the party, the girls decide to a few "pregame" shots of vodka in their dorm room.

When they arrive at the party, Julie also drinks several glasses of a fruity purple punch. Unbeknownst to Julie, the punch is made with 80-proof grain alcohol.

Julie soon finds herself intoxicated and passes out in the bedroom of one of the fraternity brothers, Roger. Julie and Roger have an astronomy class together and have been flirting the first week of school. When Roger returns to his room at 2:00 a.m. and finds Julie in his bed, he assumes she is there to pursue a sexual relationship.

Roger and Julie engage in sexual intercourse. Julie's memory of the event is very "fuzzy." She does not recall whether she said anything to Roger while they were having sex. Can Roger be charged with rape? Why or why not?

Answer from a substantial, substantive, and supported point of view.

Also relate the question to wording in the Texas Penal Code.