On Sexual Consent

[steina]

If consent is given to sex and that consent has a proviso, which is purposefully not met... should it become rape/sexual assault?
An example would be Julian Assange style condom deceit.
I'm not sure where I stand on this one so input is appreciated.

Perhaps the issue is that you need more terms to deal with various scenarios instead of trying to shoehorn them into existing legal ones such as deception?

Hmm OK. What if a woman wants a man to use a condom and he doesn't but pregnancy is not a risk, maybe she's already pregnant or he's had the snip or whatever.

Is all a bit tricky. I tend to agree with those who say maybe it needs a different set of rules/laws rather than trying to fit in with existing ones. I think.

This question is reviewed in the court of appeal case of McNally [2013], if as in the OP post, the proviso relates to the 'nature or purpose' of the act, then the offence is committed.