It's an interesting thought experiment. Here's my counter-scenario:
She agrees to have sex only if he doesn't come. Unfortunately, he gets over-excited and comes anyway. She obviously doesn't notice until it actually happens.
In this scenario, he obviously has breached the initial conditions. Is that rape though?
She agrees to have sex only if he doesn't come. Unfortunately, he gets over-excited and comes anyway. She obviously doesn't notice until it actually happens.
In this scenario, he obviously has breached the initial conditions. Is that rape though?