Not using condom is not valid proof in most countries neither, it should be a completely different crime "she asked for condom, I didn't use it, so I'm rapist" makes no sense under no line of logic, maybe it should a different crime called "non-compliance of sex risk accordance" or something, calling it rape is just the same as the silly extremist feminism: https://www.youtube.com/watch?v=BpbeSgMl434