Unless she gets pregnant, it will be very hard to prove.
How do you prove that it wasn't consensual sex that resulted in pregnancy ? Is it a presumption that all women are inherently virtuous and all men are misogynous untrustworthy pigs ?
As a further case in point:
"Recent news reports have reported that an Instagram model accused signer/rapper Aubrey “Drake” Graham of putting hot sauce inside a used condom after a consensual sexual encounter at a hotel. It is alleged after he disposed of the condom, she took it out of the trash and attempted to impregnate herself inside of the bathroom, not realizing what it contained." There was a Terb thread on this event.
I am well endowed and had a shock when my condom ripped while I was engaged with an MPA. I hadn't climaxed when I noticed but I was staring at my dick closely for two weeks looking for signs that it could fall off. (Nothing happened) Now according to this law I could have been jailed for assault.
Maybe both partners should be a little more discriminating about their sexual partner and take more of a responsibility for both their choice and consequences from it. While the act the law is trying to prevent is despicable, there are too many grey areas that could result in miscarriages of justice. This is not date rape - it is consensual sex and trying to peal back the mindset of those participating in it.