Is it rape if the person you have had sex with turns out to be someone else?

Following publication of the story on WVON about Saber Kushour, an Arab man convicted of "rape by deception", the Observer has more on the report in today's paper. 

He argues that "vivid and clear racism" lie behind his conviction, pointing out that even the judge accepted that this was not a "classical rape by force". 

Indeed not. If Kushour, a married Palestinian father of two children from east Jerusalem is to be believed, a woman called Maya approached him in a shop in September 2008 and made clear, after some small talk, that she wanted to have sex with him. 

Unbeknown to him, Maya contacted the police after the encounter, complaining that she would not have had sex with him had she known he was an Arab. 

Views are mixed about the outcome, with some in Israel defending the decision, saying that people have a right to know who they're having sex with. 

And they probably do. But is it rape if it turns out the person is not who they thought they were. Kushour is clearly an adulterer, but is he a rapist?