Via Hoyden who link to IO9′s post on the subject.

When is rape not rape? When it’s a supervillain pretending to be Peter Parker and having sex with Parker’s roommate, who thinks she’s having sex with Parker himself, according to one of Marvel’s Amazing Spider-Man writers.

The writer, Fred Van Lente, responds:

My understanding of the definition of rape is that it requires force or the threat of force, so no. Using deception to trick someone into granting consent isn’t quite the same thing.

Which is not to say it isn’t a horrible, evil, reprehensible thing that Chameleon did. He is a bad man.

He insults parapelegics[sic] and dips people in acid too.

‘ware rape apologism in the IO9 comments :-/