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Well, I’d argue that it’s similar to raping someone who is unconscious. Because the act of removing a condom is, in effect, a manner of violating personal autonomy without their knowledge. With aggregated rape, presuming that means forceful, the victim knows what’s happening.
I’d even stick by this assessment because, should the victim become aware during the act and express discontent — it can then become aggravated rape, as well. Hell, even if the victim doesn’t express anything… because a victim could notice the initial form, then become too scared to directly address the matter. That ought count as both forms still, right?
I would be in favor of distinguishing between the two forms, legally, if it meant that perpetrators can get hit with both charges at the same time.
I am in favor of it being two charges. I really think there should be a bunch of them really. It's just not one type of crime. It is many. Like raping a prepubescent child is a charge on top of rape, and likely another charge for abuse of trust position based rape as well. The punishment and required treatment are different than for raping a 17 year old who the person held no position of trust or power over (like a 22 year old boyfriend type situation). Currrently they are both just "rape" in some states.