Is the guy at fault or not ? as he claims it was with consent

The Birthday Party had served alcohol which included vodka and rum. Only one guy didn't drink since he disliked drinking. Else all were drunk later. A girl who got tipsy was with the sober guy and he led her to a room and started asking if she was okay and talking about her ex and suddenly asked the girl if she wanted to make out or kiss, later finding her beneath the guy they kissed. Soon as the guy noticed someone is approaching the room he got off her and then ended it there. So the guys pleades that he didn't knew she was so intoxicated that thought she was in her senses and when she gave consent to kiss. The girl doesn't remember the part where she gave the consent to kiss. Says she was frustrated since all were drunk and one of the drunk guy misbehaved a lot so she preferred to stay with him since he didn't drink. She mentions he misjudged her since beginning as he told her that dancing with him and staying with him was a sign that she wanted to make out with him.