If it is not "rape" then it is certainly assault & battery (definition: an offensive touching or use of force on a person without the person's consent evidence that supports a charge of battery) Let's start with this - two people go out, they enjoy it's other company and they *talk* about mutual desires to get busy - **hopefully** they will also have a conversation and disclosure about their sexual status/STI etc. In addition, they would also talk about protection or sexual practices - allowing them both to decide what they want /before they take off their clothes/.

If this conversation has happened, and they've agreed they want to get nekkid - then if the pitcher alters the agreement about protection, he is committing "battery" and most like "assault". If you can't argue 'rape' then this is the direction I would head.