Legal Question in Criminal Law in New York

Its impossible to say. You didn't give any specifics like whether force was used or what age she and you are. For statutory rape, the victim must be under age 17 and the defendant must be 4 or more years older. if force was used then there was a rape. If she was unconscious at the time, and unable to consent, then there was rape. Whether or not she has or will file charges is impossible to say. If you are contacted by an investigating officer, get a lawyer before speaking to the officer.