Is there a penalty for intercourse under mistaken identity when the woman is not explicitly identified as the wife?

Primary text

There is no penalty upon a man who has sexual intercourse with a woman he finds in his bed whom he believes to be his wife, or with a woman whom he summoned (believing her to be his wife or concubine) but another woman responded, and he proceeded to have intercourse believing her to be the intended person, or if the confusion is due to his blindness. This opinion is held by Al-Shafi'i. The basis for this ruling is that the intercourse occurred under a mistaken belief of permissibility where the mistake is excusable, and penalties are averted by such doubts.