If rape by deception is a thing then why isn't being fooled into having sex thinking she isn't ovulating considered rape?
I'm confused. Are you saying those two situations are the same?
No, I'm not saying that. What I am saying is that it's a stupid way to frame the issue.
It is not really something that you should compare. A woman does not always know when they are ovulation so cannot deliberately deceive someone. It is good to actually compare the issues without any preconceived notions that you might have.