Anytime, at all, ever, that a woman says "Yes, I will have sex with you if you X." and the man does not X, the condition for consent is not met. It's like having a contract that says "I will work for you if you provide me a safe work environment." and the safe work environment is not provided.
In court the contract would be null and the guilty party would be the one that did not meet the condition. - Heather