Hacker News Reader

No, it's not. She consented on the condition that he wore a condom. This meant that not wearing a condom made the sex non-consensual, and the normal term for non-consensual sex is rape. It was ruled that in England and Wales the behaviour would be criminal, too.

View on HN

Did she attempt to remove his penis from her vagina? Did she attempt to push him off of her? Did he physically prevent her from doing so? Did he coerce her using a gun, knife or some other weapon which she identified, and the police have been able to locate? Is there any sign of a struggle?

If a woman lies naked and spread eagle, and a man begins to have intercourse with her, and she makes no move to stop it, but tells him to stop in a calm tone, but in a language he does not understand, is the man raping her?

It's certainly possible he is yes.

If her compliance comes from fear (the threat may be real or perceived), if she had been clear previously about a lack of consent or a whole bunch of other situations.

Whethe you could get a criminal conviction under those circumstances is another question but sure, it could be rape.

Reply on news.ycombinator.com