The idea is that it is rape because somebody is consenting to sex with protection, not sex without protection, and the person would have said no if they found out the guy took the condom off.
I understand that and recognize that it is wrong, especially because the person would have said no if they had known it was without a condom. The flip side is that they did not know, and consented to the act of sex. Rape typically is when there is no consent. So it gets super wishy washy.
Making it illegal is fine I suppose but it is just for show, but legally considering it rape probably won’t do much.
Either way, illegal or not, considered rape or not, it is not like anyone is actually going to be held accountable for this.
Rape is such a hard thing to prove to begin with. With this, how do you prove, beyond a reasonable doubt, that the guy for sure did not have a condom on? Pregnancy isn’t evidence, it can happen even with a condom.
I don’t think anything will come of it legally is my point. So whether or not it is considered rape doesn’t seem to matter as much, other than possibly raising the bar because now you have to prove he 1) didn’t wear one 2) was aware the person would have said no if he didn’t have one and more.