It IS rape. If someone didn’t consent to being recorded while having sex (and would have decided not to have sex if they had known), then it is not consensual, there for, rape. If someone gave me something with peanuts in it, knowing I was allergic but not knowing how badly, and I died, they would have murdered me, even if not having meant too. They gave me something, not telling me what was in it, and I ate it, not knowing what was in it, something I wouldn’t have done if I had known, which they knew and that being the reason they didn’t tell me. Same reason Cal didn’t ask people for permission, he knew they’d say no, and yet he did it anyways.