Wednesday, July 21, 2010

WHAT? - Arab guilty of rape after consensual sex with Jew!

A Palestinian man has been convicted of rape after having consensual sex with a woman who had believed him to be a fellow Jew.

Sabbar Kashur, 30, was sentenced to 18 months in prison on Monday after the court ruled that he was guilty of rape by deception. According to the complaint filed by the woman with the Jerusalem district court, the two met in downtown Jerusalem in September 2008 where Kashur, an Arab from East Jerusalem, introduced himself as a Jewish bachelor seeking a serious relationship. The two then had consensual sex in a nearby building before Kashur left.

When she later found out that he was not Jewish but an Arab, she filed a criminal complaint for rape and indecent assault.

Although Kashur was initially charged with rape and indecent assault, this was changed to a charge of rape by deception as part of a plea bargain arrangement.

Handing down the verdict, Tzvi Segal, one of three judges on the case, acknowledged that sex had been consensual but said that although not "a classical rape by force," the woman would not have consented if she had not believed Kashur was Jewish.


What if I told a woman that I was rich and then she found out I lied - would I be a rapist? Isn't this a perversion of what the crime of rape is supposed to be?


Blogger The back of the hill said...

I note that a fellow-blogger has also written about this:

Casual sex, it's part of a serious relationship strategy!

July 21, 2010 5:04 PM  
Blogger Tobie said...

Whoa, this is disturbing as hell. It seems to be based on an earlier Supreme Court ruling which upheld a conviction for a man who was pretending to be a government official and offering bogus discounts on apartments, etc. in return for sex. The court there established the test that getting sex in exchange for lying about any trait that a reasonable woman would consider important is rape.

Stupid, stupid, stupid ruling, but I will say that this application seems to logically follow from it (albeit in a pretty racist way). So it's not quite as horrifyingly racist as it seems, just stupid on every level: paternalistic, unjust, trivializing rape, and almost certainly sexist since I'm pretty sure no similar convictions would be made against women (Israeli law for convicting women of rape is problematic, at best). And as the article in Haaretz (below) points out, we're about two steps away from someone suing because "he told me he loved me, but really he didn't!" God, this country makes me freaking sick.

July 22, 2010 9:52 AM  
Blogger e-kvetcher said...

I'm surprised in the case of apartments for sex the women weren't charged with prostitution - which would be how I'd see it. Exchange of value for sex...

I think this is an insult to rape victims... There are so many grey areas in cases of rape, trying to figure out what was consensual vs not consensual, but here everyone admits it was consensual...

Once in college I was sitting in a room with a boy and girl I both knew well. They started messing around and he was kinda forcing himself on top of her, and she was saying "Cut it out", but she was smiling as she was doing it and wasn't trying too hard to throw him off. And I really had no clue of whether I should leave the room, or I needed to intervene in some way... Turned out later, she was into the whole submissive thing...

July 22, 2010 10:08 AM  
Blogger Tobie said...

Interestingly, Israel doesn't have a law against prostitution- only solicitation and procurement. And yes, I think that a lot of the current gray areas of consent are pretty problematic, as well. (I remember an orientation at U of C which basically said that one needs to specifically request and receive permission at each stage of the process and ended by one boy saying, in a shell-shocked voice, "well, I'm never having sex again). And this is... this is just ridiculous

July 22, 2010 10:29 AM  

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