The law in each state of the US is different, but I'm fairly certain in every one sex with someone incapable of consent due to unconsciousness is rape. Rape-by-deception laws are more variable between US states, and the US generally and they are generally new (the last few decades) and still fairly weak, often being driven in each state by desire to address the circumstances of a particular single case where efforts to prosecute rape-by-deception as general lack of consent without a specific law addressing deception failed.

Not sure why the legality in the US is material since the act didn't occur in the US, doesn't involve US persons, and the extradition being conducted isn't from or to the US.