One of the things that many people fail to understand is the difference between "black out drunk" and "pass out drunk."

To be clear, as the facts for this case are hard to come by, I don't know what happened. What I do know is that the girl claims not to be able to remember anything about the events. I'm going to assume the girl is being honest about her inability to remember. So, that means she was likely either black out drunk or pass out drunk. The difference is huge.

As most people know, and as everyone should know, alcohol is a depressant. It shuts down the brain. The more you drink the more the brain is shut down. Drink enough the shut down is involuntary and uncontrollable. For most people, the shut down is consistent across all portions of the brain including memory, speech, cognition and motor skills. People will begin swaying when standing, slurring their words and have to visibly concentrate to understand and decide all at the same time (or within a very few minutes of each other.) They will, more or less, progress in lock step until the person cannot stand, cannot effectively communicate and cannot effectively understand what is happening. If enough has been drunk this will progress to involuntary catatonia/passing out. If they can't effectively walk, or effectively speak, they can't effective decide/understand enough to consent (standards may differ by jurisdiction). This is passing out drunk.

Blacking out is something different. It occurs when the brain does not shut down uniformly. For some reason, some people are prone to having only their higher order brain functions shutting down initially. Functions such as long term memory function and critical analysis. Otherwise, the brain and the body continue relatively unaffected. This means a person can be far more drunk than they appear. If fact, it can be even more deceiving than that. Where as most people learn to look for lethargy/slowing down as symptoms of drunkenness, people who are blacking out usually appear more animated and energetic because their critical analysis (think social filters and inhibitions have been turned off). So, when a person is black out drunk, it is quite possible he/she is willingly and enthusiastically engaging in behavior he/she would normally never do and there is no sign he/she is drunk. Short term memory may be working quite well. In fact, it may appear as though he/she is absolutely not drunk at all given the animation and ability to hold conversations. However, he/she is extremely drunk if the long term memory is turned off and they won't remember a thing. And, eventually that alcohol will effect the rest of the brain and likely do so in a rush. Where usually, most people slip into a passed out state over a period of time where they are obviously getting more and more drowsy, people who are blacking out just drop, rapidly, into a passed out state.

So, it is possible the girl in question was black out drunk and enthusiastically engaging in whatever with Brock. Then, mid whatever, or shortly thereafter she passed out. If so, I don't think that's even remotely rape because he'd have had no indication she was too intoxicated to consent.