“Can we do this without a condom?” Is a very easy question that avoids some potentially very serious consequences.

Keep in mind that one of the (possibly unintended consequences) of this is that you now need to have that in writing if you've discussed condom use before hand in writing. So it's an easy question only if you have evidence to show a judge later on that things changed.

For example, if you message someone on Tinder and they say, "yeah I'm cool with sex as long as we use a condom", and then when you get to their apartment, they change their mind and agreed to sex without a condom, you'd still be found liable for not using a condom if they decided to go after you for sexual assault later, under this ruling. The majority opinion specifically argued that the trial judge erred when he accepted the defendant's defense that consent changed later on.