I can't help but see similarities to "stealthing", whereby sex is consensual with the agreement that condoms will be used and one party, unilaterally and unbeknownst to the other, removes the condom at some point during sex, sometimes even cumming inside their partner.
I believe this has been prosecuted as rape in some countries, although I'm not certain whether the prosecution ended in conviction.
As someone said in this thread, this seems to at least meet the definition of sexual assault, if it does not meet the standard of rape.