Is removing a cover rape?

It's wrong no question about it. But when it comes to the legality issue,the criminal is not going to admit that he/she did it on purpose. They will say it happened by accident. How then is the jury going to prove the criminal did it on purpose and not by accident ?

Didnt read anything above but not sure if it would be rape or not but I do know that if the person has something and they know, and the other part catches it some type of assault charges can be filed