Yes, the creation of genuine child porn is a kind of rape... and so what?
It’s not a “kind” of rape. It is rape. And photographed or videoed, so more sick fiends can take “pleasure” at the rape.
The normal due process of law applies to rape laws too, whether or not you like it. If you would swallow tyranny here that is the edge of a wedge.
Why did the statute not get fixed already, that is the question. You accuse me of wanting to swallow tyranny, pretty strange. The point is that precious few people ever “accidentally” view child porn.
The law would not have been a problem pre-internet (since anyone viewing a hard copy picture or video would have been in possession of the picture/video while viewing it), and my guess is that this relatively narrow issue had not come up before in internet child porn cases - either because the defendants saved or otherwise "possessed" the images, or because none of their lawyers was clever enough to find this loophole. Now that this case is in the news, I'm sure it will be fixed pretty quickly.