The problem with this scenario is that it's difficult to determine if it was accidental or not. Did he purposely ignore her request? In the Assange case, it's

The problem with this scenario is that it's difficult to determine if it was accidental or not. Did he purposely ignore her request? In the Assange case, it's hard to say that he 'accidentally' didn't put on a condom after agreeing to put on a condom.