I think the concern lies with what you use the recording for. I'm not concerned with surreptitiously recording sex and then publicizing it to anyone or enjoying it myself.
If I record EVERYTHING that happens in my home and a woman falsely accuses me of rape because I didn't want to continue our interactions further, you can bet I will submit the appropriate section of video to my defense attorney. I'll take the risk of any fine or penalty for surreptitious recording, and if the judge is out to get me, I'll have my defense attorney remind him or her that I did just vindicate myself for the footage, which was the only purpose for taking it in the first place.
If I record EVERYTHING that happens in my home and a woman falsely accuses me of rape because I didn't want to continue our interactions further, you can bet I will submit the appropriate section of video to my defense attorney. I'll take the risk of any fine or penalty for surreptitious recording, and if the judge is out to get me, I'll have my defense attorney remind him or her that I did just vindicate myself for the footage, which was the only purpose for taking it in the first place.