Jerusalem: Arab guilty of rape after consensual sex with Jewish woman

[General Duke]

Arab guilty of rape after consensual sex with Jewish woman has been sentenced to 18 months in prison after telling a woman that he was also Jewish

 

 

Jerusalem's old city walls. Arabs constitute about 20% of Israel's population, but relationships between Jews and Arabs are rare. Photograph: Uriel Sinai/Getty Images

 

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.

[Abtigiis]

I don't think she is serious about being decived.

I think waxay ka xanaaqday ninkan carabka ah ee intuu ku dhuftay, ka dhuuntay.

[General Duke]

^^^It looks that way; she got her revenge through the courts. Hell has no fury like a woman scorned.

[Juxa]

something is wrong with israeli judicial system. the conviction is clearly wrong

 

balse isaga muxu ka doonay? caku nin iyo iimaan daro

[Abtigiis]

Agree with GD.

 

Juxa, isagu danbi ma leh. Iaygu maxay isugu dhiibtay. Ma nin baa meel diyaar ah deyn?

[NGONGE]

^^ (what about her?).

At any rate, now they have to follow it up and jail half the one-night stands that take place in Jewish night clubs.

[N.O.R.F]

She thought Kashur was Kosher

[Juxa]

she is abusing the system ma diidani balse i cant help thinking he had it coming

 

qayaano, meelxun uutago iyo isagii oo lagu qabto baa isku darsantay

 

never heard rape by deception tho?

[General Duke]

^^^I am still finding the whole thing confusing, if he gave her an alias how was he tracked down by the courts? Or did they send Mossad to catch the man who terrorised the ladies heart?

[Juxa]

lol@GD.

 

it kind of mocks them, there cant be rape offense if it is consentual. the case should fail on first hurdle.

 

maybe finger prints buu ka tagay

[Abtigiis]

finger print ka muu tagin, ninkan way taqaaney.

I doubt inuu mar uun mustafeeyey. Dhowr jeer koley way aragtay. Siday uga samri la'dahay ayaa laga gartaa.

 

Markaa ama magaca ayey haysay ama muuqalka.

 

After the conviction, iyadaa u dacwoon oo soo deyn doonta. Soo deysan doonta, rather.

[Malika]

So it would have been okay to be raped if he was Jewish?

 

It reminds me of the south - in the slave era.

 

How is this rape if the woman agreed to it - xaq daro..anyway serves him right.

[General Duke]

^^^I feel sorry for him. He wanted to make peae with the enemy, and thought that love was the answer. He got jail time for his efforts instead. Poor sod, better luck next time.

[Abtigiis]

Arintan oo kale Somalida dhexdeeda way ka dhacdaa.

Gabadh nin guursatay ooy qabiil kayagaa ka ninka guursaday ka fiican loogu diidi waa buux.

 

This happend in my home village. Nin gabadh guursaday oo la tagay ayaa laga daba tagay, iyadoo lagu gabyayo:

 

Geenyada bureeqa ah, markuu baqalku fuulaayey

Way baadiyoote, sharcigu uma baneeyeene!

 

Waa tii oo kale.

[Malika]

18 months in jail - hmmm waxaa isaguu sugeyaa baa next time laa gariin..indeed a poor sod-should have know, one cant sleep with the enemy.