If having sex with a condom is masturbating, what would you say to this conversation.
Wife: You committed adultery with her!
Husband: Well, no not physically. I did send some texts, and there was some physical contact.
Wife: Well, if you didn't go all the way, I think I can forgive that and stay with you... but you have to stop talking to her. Tell me now. What did you do?
Husband: Well, we didn't go all the way. It was just shy of physical adultery. We kind of... masturbated together.
Wife: What! That's awful. But, since I said I could take you back if you didn't go all the way, we can stay together. What exactly did you do.
Husband: We had intercourse with a condom, but since it was with a condom, it wasn't real intercourse. It was just masturbation.
Wife: You have a point there. With a condom? That wasn't real sex. I guess it wasn't the real deal. Okay.... well... you'd better behave yourself.
Not realistic at all.
Can you imagine on the day of judgment, the fellow defending himself.
"Well, technically, we didn't have sex. You see, we used a condom."
Or the politician in Congress.
"I said I did not have sexual relations with that woman before. I did not perjure myself. I know you have pictures, but it wasn't sexual relations, because we used a condom."
Then of course Congress lets him off, of course.
If you can't tell, I find the reasoning in the OP to be flawed.