Yes they are, because they know that there is the possibility that the birth control could fail, as stated on the packaging.
There is a difference between consent and an acceptable risk. When you get onto a plane you're not giving the pilot your consent to crash, but you are aware of the risks involved (hopefully!).
i'm against abortion. choice is important but the choice is having sex. one potential consequence of sex is pregnancy. i don't feel like we should end lives just as they are beginning because someone was too dumb to use birth control when having a baby would be inconvenient for them. but there are exceptions and there is no contradiction in having them. in the case of rape, abortion should be allowed. in that case there was no choice for the woman and forcing her to have the child against her will just wouldn't be right.