General Discussion

The legal realities are as I have defined--straight from discussions with one who has tried to prosecute on this--very very difficult. Even if you think it should be or would be otherwise. Juries, judges, and even other prosecutors do not always agree on your interpretation nor that the accusations are valid sans a lot of other victims echoing the same. Sans that, your interpretation is instead interpreted as the "accidental" excuse swallowed (no pun intended) judges and juries so often these are not being prosecuted.

Don't like it? We have a hell of a time getting sexual assault and rape (same in some states where penetrative) prosecuted. An intentionally failed or claim of an intentionally "removed" condom mid-act is not going to be pursued the same given its likely failure in court sans a lot of additional evidence.

So, yes. This is gratuitous in this context.