[dependenttypes]

Sure, and it should be illegal (especially if she knows that she has a sexually transmitted disease), but it is far from rape.

If you consent to have sex with a woman as long as she promises to not cheat on you and she breaks that promise, is that rape? I would claim that it is not.

[jonlucc]

Why not? It not being rape is based on having consent. If the consent was not there, it is rape. Also, if she was sleeping, they couldn't discuss consent vis a vis the condom.