This is such a funny comment, how is stealthing = raping when both partners consent to sexual contact
https://www.dictionary.com/browse/rape
Either way in case you did not notice, there is no such thing as rape in Canadian law
So your "legal opinion" really doesn't matter much
I beg to differ. If it is misrepresented carnal knowledge, it is rape. If the man promised to use contraception, and removes it during sex, then the courts woudl see it as rape.
[h=3]
The Criminal Code, 1892, S.C. 1892, c. 29, s. 266.[/h]
[Rape defined.]
266. Rape is the act of a man having carnal knowledge of a woman who is not his wife without her consent, or with consent which has been extorted by threats or fear of bodily harm, or obtained by personating the woman’s husband, or by false and fraudulent representations as to the nature and quality of the act.
2. No one under the age of fourteen years can commit this offence.
3. Carnal knowledge is complete upon penetration to any, even the slightest degree, and even without the emission of seed. R.S.C., c. 174, s. 226.
[Punishment for rape.]
267. Every one who commits rape is guilty of an indictable offence and liable to suffer death, or imprisonment for life. R.S.C., c. 162, s. 37.
[Attempt to commit rape.]
268. Every one is guilty of an indictable offence and liable to seven years’ imprisonment who attempts to commit rape.
However, 'Rape' was abolished and converted to Sexual Assault in 1982.
[h=3]
An Act to amend the Criminal Code in relation to sexual offences and other offences against the person and to amend certain other Acts in relation thereto or in consequence thereof, S.C. 1980-81-82-83, c. 125, s. 6.[/h]
Note: "Rape" was abolished in 1982. The same statute created the offences "Sexual assault," "Sexual assault with a weapon, threats to a third party or causing bodily harm," and "Aggravated sexual assault.
Sex without protection, when the other party wants protection/contraception can be considered to be sexual assault.