If he's found guilty of rape then felony murder rule applies and he would be convicted of first degree murder under that statute:
Felony Murder Rule - States that any death which occurs during the commission or attempt to commit certain felonies, which include arson, rape or other sexual offenses, burglary, robbery or kidnapping, is first-degree murder and all participants in the felony can be held equally culpable, including those who did no harm, had no weapon, and did not intend to hurt anyone. Intent does not have to be proved for anything but the underlying felony. Even if, during the commission of the underlying felony, death occurs from fright -- a heart attack for instance, it is still first-degree murder.