TULSA, Oklahoma - A rape charge has been filed against a Metro Christian student.

Prosecutors charged Matthew Weber as a youthful offender with rape and sexual battery.

Police say both the boy and girl were 16 when the incident happened at a New Year's Eve party at the boy's grandparent's home with no adults present.

Police say the girl told them she consumed seven shots of vodka in a short amount of time and felt very intoxicated. They say she texted a friend, "save me," "please," "right now" after Weber took her to a bedroom.

"She just had her underwear on. She was unconscious, described as unresponsive, described as vomiting, drooling. This is a clue to us that anyone in that condition cannot consent to any sexual activity," said Sgt. Jillian Phippen with TPD Sex Crimes.  

Police say witnesses at the party had seen the girl and Weber sitting on the couch earlier and she had her legs crossed over his, then had seen her take his hand and go to the hallway toward the bedroom.

Two witnesses say Weber called them, saying the girl had passed out and was throwing up. They say he told them the two had been making out before she passed out.

"If you see somebody unconscious, throwing up, drooling or in between that, you should be helping them," Phippen said. 

Police the girl's pants were never found. Her friends put her into her vehicle and called her parents and she was later taken for a sexual assault exam.

Documents say fluid was found on her face, neck, chest, stomach, privates and her shirt, bra and underwear.

Officers got a warrant for Weber's DNA and the lab report says he cannot be excluded as a contributor.

Weber's attorney was contacted but he says they don't want to say anything about the case at this time.