// Israel jails Arab for 'deceit rape'
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WCoastbaba
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« on: Jul 21, 2010 07:12 PM »


Thought this would spark an interesting debate or at least some strong opinions, so thought I would share. Would be interesting to hear what you guys have to say - especially the ladies/sisters.
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An Arab living in Israel has been sentenced to 18 months in prison for having consensual sex with an Israeli woman who apparently believed he was Jewish.

Sabbar Kashur was sentenced on Monday after being convicted of "rape by deception".

According to the court, Kashur met a Jewish woman in Jerusalem in 2008 and introduced himself as a single Jew looking for a serious relationship. The two had sex in a nearby building.

The woman filed a criminal complaint after learning Kashur was Arab, not Jewish.

Prosecutors acknowledged that the sex was consensual, but accused him of misrepresenting himself.

The court agreed, sentencing Kashur despite acknowledging that his case was not "a classical rape by force".

"If she hadn’t thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have co-operated," the judges said in their ruling.

"The court must protect the public interest against sophisticated criminals with a smooth tongue and sweet talking, who can lead astray innocent victims."

'Deceit'

The Israeli criminal code mentions "deceit" as a possible aggravating factor in sexual assault cases and the verdict in Kashur's case is not the first time an Israeli court has sentenced a man for "rape by deception," according to several Israeli lawyers.

"The court must protect the public interest against sophisticated criminals with a smooth tongue and sweet talking, who can lead astray innocent victims"

Judicial ruling

The most notable case was in 2008, when Israel's high court of justice upheld the conviction of Zvi Sleiman, a man who impersonated a housing ministry official and promised women apartments and benefits in exchange for sex.

A rape conviction sentence could be upheld, the court ruled, when "a person lies does not tell the truth regarding critical matters to a reasonable woman".

Several other men have been convicted of "rape by deception" since that ruling.

But the Kashur case appears to be the first time a person's race has been used as the determining factor.

"In this case, the ruling seems to say that if a 'reasonable' Jewish woman knew a man was an Arab, then she would not make love to him," Abeer Baker, an attorney with Adalah, an organisation that advocates for Arab rights in Israel, said.

Baker called it a "dangerous precedent," saying it would allow the Israeli government to interfere in the private lives of citizens.

"It's interfering in a very intimate, personal decision," she said. "That should be made between two people. The court should not interfere."

Open hostility

Similar laws have been controversial in other countries, as well. A man in the United States was convicted in 2007 of impersonating his brother in order to have sex with his girlfriend. That conviction was overturned on appeal, though, after an appellate court ruled that rape laws apply only to non-consensual sex.

Kashur's case also highlights the open hostility with which many Israeli Jews view mixed relationships with Arabs, who make up one-fifth of the population of Israel.

IN DEPTH
Blog:

    Is being Arab Israeli's criteria for rape?
A poll conducted in 2007 by Israel's Geocartography Institute found that more than 50 per cent of Israeli Jews thought marrying an Arab was "equal to national treason". Jews are legally forbidden to intermarry in Israel.

The Sunday Times reported in 2009 on a squad of "vigilantes" in the Jewish settlement of Pisgat Zeev. The group has patrolled the streets for more than a decade looking for mixed couples.

And in 2009, the town of Petah Tikva established a team of counsellors and psychologists to "rescue" Jewish women from relationships with Arab men.

The Israeli daily Maariv reported in February that Tel Aviv had launched a similar programme.

Gideon Levy, a liberal columnist with the Israeli newspaper Haaretz, said the "rape by deception" law would have been applied differently if a Jewish man had sex with an Arab woman under false pretences.

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

 Source:    Al Jazeera

The Believers, men and women, are protectors one of another:  [9:71]
Christine_1208
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« Reply #1 on: Jul 21, 2010 11:49 PM »

OMG! This is just ridiculous! I am sure there is something is Jewish law about sex before marriage... so where is her punishment? So she met him and had sex apon meeting him the first time? I am sorry but this is very laughable. She consented... helllloooooo.  How is she not responsible for finding out what this man was about. There are those who keep HIV a secret and sleep with a woman. When found out, they can be tried with attempted murder, but not rape.

Deceit happens in many forms in all relationships, from both sexes... this is just crap.

I believe in Islam like the sun rising, not because I see it but because by it, I see everything else.
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« Reply #2 on: Jul 22, 2010 04:19 AM »

Yes, I was thinking the same thing, really laughable, riduculous to say the least - she wasn't married, so right there, she was at fault too - why did she have sex when it wasn't a serious relationship if you don't take into account the religious aspect of things . . .doesn't make sense.  Exactly, if she didn't know the man well enough, why did she go through with it???

 desibro
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The Believers, men and women, are protectors one of another:  [9:71]
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« Reply #3 on: Jul 22, 2010 09:16 AM »

salam


The rape conviction should only be upheld if every person, regardless of race or gender, procuring sex under false pretences is subject to the same sentencing!

Otherwise it's a load of tripe!



Wassalaam

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« Reply #4 on: Jul 26, 2010 01:18 AM »

without being judgemental:  he got punished for very dodgy behaviour.  married muslim men shouldn't be doing these things...

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« Reply #5 on: Jul 26, 2010 06:57 AM »

Allah hu alim but she could very well be lying to cover up her mistake

Second even if this was true she is an adult and she is just as responsible. In the US you do not get jailed for these things. She should have gotten to know him better before jumping into bed with him
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« Reply #6 on: Jul 26, 2010 03:38 PM »

salam


I've not bothered watching the video, was the guy married was he muslim even?

And if she entertained a desire to marry the guy why on earth would she think going to a nearby building to consumate the relationship was a good idea? He's hardly showing her respect is he, or have I missed something here?


Apart form the sheer ridiculousness of the conviction, the woman made a personal decision to have sex with the guy, doesn't she get to shoulder any responsibility for her own decision??




Wassalaam

And when My servants question thee concerning Me, then surely I am nigh. I answer the prayer of the suppliant when he crieth unto Me. So let them hear My call and let them trust in Me, in order that they may be led aright. Surah 2  Verse 186
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