Thursday, July 22, 2010

Konsensual sex may not be Kosher sex

Some things just ain't kosher.

Israeli Arab who 'raped' a woman says verdict 'racist'
Sabbar Kashur, 30, was found guilty of "rape by deception" by the Israeli court and sentenced to 18 months in jail.

According to the complaint filed by the woman, the two met in a Jerusalem street in 2008 and had sex that day.

When she discovered he was not Jewish, but an Arab, she went to the police.

But according to Kashur, he did not pretend to be Jewish.

He told reporters that he is known by friends and family by the nickname Dudu, which is more commonly used by Jews called David.

He has been under house arrest for two years, he said.

In the court's ruling the judge, Zvi Segal, wrote: "If she had not thought the accused was a Jewish bachelor interested in a serious relationship, she would not have co-operated.

"The court is obliged to protect the public interest from sophisticated, smooth-tongued criminals who can deceive innocent victims at an unbearable price

Jurists say Arab's rape conviction sets dangerous precedent
In 2008, the High Court of Justice set a precedent on rape by deception, rejecting an appeal of the rape conviction by Zvi Sleiman, who impersonated a senior official in the Housing Ministry whose wife worked in the National Insurance Institute. Sleiman told women he would get them an apartment and increased NII payments if they would sleep with him.

High Court Justice Elyakim Rubinstein said a conviction of rape should be imposed any time a "person does not tell the truth regarding critical matters to a reasonable woman, and as a result of misrepresentation she has sexual relations with him."

Rubinstein said the question was also whether an ordinary person would expect such a woman to have sex with a man without the false identity he created.

Guambat presumes the rule would apply equally the other way round. Perhaps a defense to statutory rape?

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