Arab guilty of rape after consensual *** with Jew

Posted by: Sniper on 21 July 2010

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.

The sex therefore was obtained under false pretences, the judges said. "If she hadn't thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have cooperated," they added.

The court ruled that Kashur should receive a jail term and rejected the option of a six-month community service order. He was said to be seeking to appeal.

Segal said: "The court is obliged to protect the public interest from sophisticated, smooth-tongued criminals who can deceive innocent victims at an unbearable price – the sanctity of their bodies and souls. When the very basis of trust between human beings drops, especially when the matters at hand are so intimate, sensitive and fateful, the court is required to stand firmly at the side of the victims – actual and potential – to protect their wellbeing. Otherwise, they will be used, manipulated and misled, while paying only a tolerable and symbolic price."

Gideon Levy, a liberal Israeli commentator, was quoted as saying: "I would like to raise only one question with the judge. What if this guy had been a Jew who pretended to be a Muslim and had sex with a Muslim woman?

"Would he have been convicted of rape? The answer is: of course not."

Arabs constitute about 20% of Israel's population, but relationships between Jews and Arabs are rare. There are few mixed neighbourhoods or towns, and Arabs suffer routine discrimination.

Israeli MPs are considering a law requiring prospective Israeli citizens to declare loyalty to Israel as a "Jewish, democratic state". Many Arabs would balk at swearing allegiance to a state which they see as explicitly excluding or marginalising them.

Dan Meridor, a deputy prime minister in Binyamin Netanyahu's government, is opposed to the proposal. "Why does every bill need the word 'Jewish' in it – to show the Arab citizens that it doesn't belong to them? Then we're all shocked when they radicalise their stance.

"The majority doesn't need to remind the minority that it is in fact a minority all the time," he added'.


Bonkers.
Posted on: 22 July 2010 by DAVOhorn
Makes a change from Muslim women being stoned to death after being raped.


Seems rape is not as bad as adultery.
Posted on: 22 July 2010 by Howlinhounddog
quote:
the woman would not have consented if she had not believed Kashur was Jewish.

Would he have been guilty of rape had he been Jewish and married but did'nt tell her he was ?
quote:
Seems rape is not as bad as adultery.

But racism is racism even when applied by a court of law.
Posted on: 22 July 2010 by JAB
obtaining consent by deception has long been rape in english law.
Posted on: 22 July 2010 by David Scott
quote:
obtaining consent by deception has long been rape in english law

This guy had apparently adopted a Jewish name, as many Palestinian's living in Israel do to avoid hassle. Unsurprisingly, he gave this name to the woman. I can't find any suggestion that the deception amounted to much more than this. Charges of rape by deception aren't used in this country for such trivial 'lies'. Imagine if they were!

I know this sort of thing is often said too lightly and sloppily in discussions of Israel but comparisons with certain notoriously racist regimes are quite hard to avoid here, I think.
Posted on: 22 July 2010 by u6213129461734706
He introduced himself as a jewish bachelor.

Dave
Posted on: 22 July 2010 by David Scott
quote:
a jewish bachelor seeking a serious relationship
is what the woman's complaint stated. I read a very detailed account which suggested otherwise. It said that the woman assumed him to be Jewish because of his name. He was a bachelor, I think, so that bit was true. They seem to have had sex pretty rapidly so the extent to which the idea of a 'serious relationship' was uppermost in anyone's mind must be rather doubtful.

Even if he did deliberately misrepresent himself as Jewish, I don't see why that changes anything. What if he had lied about his age? The whole thing rests on an assumption that there is something wrong with being a Palestinian, otherwise having had sex with one wouldn't be considered sufficiently traumatic to warrant the charges.

Of course we could use this law every time someone lies before sex. That'd be interesting.
Posted on: 22 July 2010 by Flame
Don't think I need to comment on this...

Regards...
Posted on: 23 July 2010 by Mick P
Chaps

No doubt sniper will be able to predict the outcome of all this.

Regards

Mick
Posted on: 23 July 2010 by tonym
quote:
Originally posted by JAB:
obtaining consent by deception has long been rape in english law.


As someone who bears an uncanny resemblance to George Clooney I confess to having misled the odd female into consensual sex with me.

On the basis of the above law you might as well lock up most of the british male population.
Posted on: 23 July 2010 by Sniper
quote:
Originally posted by tonym:
[QUOTE]Originally posted by JAB:
obtaining consent by deception has long been rape in english law.


As someone who bears an uncanny resemblance to George Clooney I confess to having misled the odd female into consensual sex with me.

[QUOTE]

What was odd about them? Eek
Posted on: 23 July 2010 by Sniper
quote:
Originally posted by Mick Parry:
Chaps

No doubt sniper will be able to predict the outcome of all this.

Regards

Mick


I see you are back and cocking your leg against every post - I would tell you to get back into your basket but I agree (for once) on your view on Munch's latest sad thread. Welcome back.
Posted on: 23 July 2010 by tonym
quote:
Originally posted by Sniper:

As someone who bears an uncanny resemblance to George Clooney I confess to having misled the odd female into consensual sex with me.

[QUOTE]

What was odd about them? Eek


I get women like flies.
Posted on: 23 July 2010 by Mick P
quote:
Originally posted by Sniper:
quote:
Originally posted by Mick Parry:
Chaps

No doubt sniper will be able to predict the outcome of all this.

Regards

Mick


I see you are back and cocking your leg against every post - I would tell you to get back into your basket but I agree (for once) on your view on Munch's latest sad thread. Welcome back.


Sniper

Thank you. I was hoping that you would predict that Munch would stop posting in crap and then other people would return again.

Regards

Mick
Posted on: 23 July 2010 by u6213129461734706
David, is it possible you are assuming too much? Isn't it more a case of a Jewish woman's religion preventing her from having sex with anyone who isn't Jewish? Under Jewish law, it limits her from ever having a relationship or marriage to a Kohan, one of the three priestly tribes. It could have been a martian and there would still have been a problem.

Dave
Posted on: 23 July 2010 by David Scott
Dave,

That may be why she was so upset, but is he really responsible for her reaction? I'm sure a lot of women who've unwittingly slept with a married man or a binman masquerading as a stockbroker are pretty upset about that too.

Presumably having unwittingly had sex with an Arab is not an irrecoverable position? Surely most people break these religious ordinances at one time or another? What's the position in Jewish law on having casual sex with strangers you've just met in a cafe?

Do you think if it had been a young American Christian working on a Kibbutz the result would have been the same?
Posted on: 23 July 2010 by u6213129461734706
David, there's nothing specific about having sex before marriage, just about a jewish person not having sex with a non-jew. Are you asking me to agree with you, that this has to be about racism? I think what Jab says indicates the common law position in this case. "I know this sort of thing is often said too lightly and sloppily in discussions of Israel but comparisons with certain notoriously racist regimes are quite hard to avoid here, I think." I think this is being said too lightly about Israel. It's purely an English Common Law legal matter.

Dave
Posted on: 23 July 2010 by Tarquin Maynard - Portly
" I dudu".
Posted on: 23 July 2010 by JAB
i find it amazing that so many "liberal" people seem to find obtaining sex by deception to be ok. its not.
Posted on: 23 July 2010 by David Scott
Jab and Dave,
quote:
It's purely an English Common Law legal matter.
quote:
i find it amazing that so many "liberal" people seem to find obtaining sex by deception to be ok
Find one other conviction on this charge where the deception is so trivial. One.

Just because something is not OK does that mean we should single out one of the countless people who does it (men and women) and jail that one individual for 18 months? And does it mean that when the one person who is jailed is an Arab who's had sex with a jewish woman and been tried in an Israeli court that there is no suggestion of prejudice?

If he deliberately deceived her then he shouldn't have, but why are all the Jewish men and women who lie about being married not being prosecuted too?

I am absolutely not making any generalisations about Israeli people, Jewish or otherwise. I'm quite certain that if you polled Israelis about this you would find the same shades of opinion that you would in the West.
Posted on: 23 July 2010 by Mike-B
The report says
.... the two met in downtown Jerusalem
.... the two then had consensual sex in a nearby building before Kashur left.

Doesn't that read like it was a first meeting ??
Doesn't it read like it was quickie wam-bam thank you mam - oh no thank you sir - quickie ???
Not so virtuous for a well bred Jewish lady. Seems like the Shiksa got burned.
I feel more sorry for the Arab guy, 2nd class citizen an all that.
Posted on: 23 July 2010 by Derry
I don't know about other countries, but telling lies to get sex is not a crime in the UK and certainly not rape.
Posted on: 23 July 2010 by David Scott
Derry,

There is actually a crime of rape by deception in English law, but only very unusual and extreme cases come to trial and I gather there hasn't been a conviction for a long time. Have a look at this on the BBC News website.
Posted on: 23 July 2010 by Derry
I think that is a special case under the law. The Sexual Offences Act 2003 section 76 provides:

76 Conclusive presumptions about consent

(1) If in proceedings for an offence to which this section applies it is proved that the defendant did the relevant act and that any of the circumstances specified in subsection (2) existed, it is to be conclusively presumed—

(a) that the complainant did not consent to the relevant act, and

(b) that the defendant did not believe that the complainant consented to the relevant act.

(2) The circumstances are that— (a) the defendant intentionally deceived the complainant as to the nature or purpose of the relevant act;

In the case you mention the defendant made some claim about being able to cure a disease through intercourse. That is quite different from telling a woman that you are rich or that you love her...
Posted on: 23 July 2010 by David Scott
Derry,

Yes, that is different. I see your point.
Posted on: 23 July 2010 by Sir Cycle Sexy
quote:
i find it amazing that so many "liberal" people seem to find obtaining sex by deception to be ok. its not.


Oh, I don't know - what about peroxide, make up, heels and push-up bras?!

C