It is (almost) unbelieveable that at the same time as we have campaigns to improve people's, especially young people, understanding of the need for clear consent and enthusiastic consent, we have some groups pressing for the exact opposite.
Trans status should not be a secret that deceives people.
snappity Informed consent does already cover deceptions like omitting to mention HIV status etc.
Individual cases will be tried on aspects such as whether it could have been reasonably foreseen that had the facts been disclosed it would have led the individual to make a different choice, like the police undercover example. Most people would think twice if they knew the truth. Not least becasue htey coul be harmed if others found out.
Prosecutions will be based on what the parties knew about each other prior to the act, or tired to establish, and/or what a reasonable person might think/do/ consent to as a result. And the average 'man in the street' is going to be pretty bloody furious to find that he has received a blow job or whatever from a male who is deliberately concealing that fact, knowing that the recipient beleives them to be a biological woman. Or vice versa. It is horrible way to behave.
I have had men lie to try to have relationships with me, and sadly suceed and it is an apalling and a violating experience, albeit not at the level of actual rape. But also when you experience lies repeatedly it can have a serious effect.
Personally, I do think that if you know for sure that someone for religious (or other wierd/ unwierd) reasons has a particular requirement eg virginity (however apalling that may be in itself) or is of a particular religion maybe, and you deliberately deceive them then you should be liable under the law. Sex is optional and if you lie or lie by omission, then you would be denying that person the ability to give informed consent. It would be bad enough if done to gain money but for sex is incredibly personal.
f course if you had no way of predicting such an unusual and uncommon requirement then you are not guilty. The case would turn on whether it could be proven that the person knew what facts were relevant or important to a person beforehand ( eg on a dating site where seomeone says looking for a LTR and singles or states religious requirements!) and still went ahead with the deception, or whether the other person had made any attempts to state their unusual requirments, or whether a reasonable person could have reasonably expected/ predicted that soemthing would be a factor. In this day and age no reasonable person would assume person was a virgin unless they were under 16 or 18 or around that age. It would be up to them to state if it was important to them. But again, if asked and you lie and the act goes ahead, you have gained (taken) sex by deception and that to me is wrong.
I think it is horrifying that any man would sleep with a woman on the pretext of natural sperm donation knowing that this cold not happen, when they would have specifically been made aware of it. That is rape in my view.
I appreciate that it must be difficult for trans people to meet people who will date them givne their circumstances, but this is not any kind of excuse for deliberately decieving people.
Sex should be about respect whether a one-off or in a realtionship. Lying in any way is utterly shitty.