The Staggers

The New Statesman’s rolling politics blog

Arab man found guilty of rape after consensual sex with Jewish woman

Court in Jerusalem convicts man of “rape by deception” for posing as a Jew.

By Daniel Trilling Published 21 July 2010 18:41

The Guardian reports that a 30-year-old Arab man has been sentenced to 18 months in prison for rape after he had consensual sex with a woman who believed him to be a fellow Jew:

According to the complaint filed by the woman with the Jerusalem district court, the two met in downtown Jerusalem in September 2008 where [Sabbar] 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.

Tzvi Segal, one of three judges who tried the case, said that while the case was not "a classical rape by force", the court had a duty 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".

According to Haaretz, several Israeli legal experts have criticised the verdict, which follows a similar conviction of a Jewish man in 2008 for rape by deception, after he posed as a housing officer and promised women he would procure them apartments in return for sex.

But this new verdict is likely to cause further controversy in Israel, where Arabs make up around 20 per cent of the population, and where the country's parliament is considering a law requiring prospective citizens to swear alleigance to a "Jewish, democratic state".

As the Israeli journalist Gideon Levy commented:

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.

Tags: Israel

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27 comments

Fri, 2010-07-23 14:34 — Shalom Aleichem (not verified)

Why is this form of sexual deception any different than another? Is the principle of chastity lost on everyone? This is a sad reflection upon society, on many levels. However, as a good Muslim, likely he was circumcised.

Thu, 2010-07-22 12:47 — S. (not verified)

They are both idiots. If the lady is jewish then why did she enter into a sexual activity outside marriage? If the man is married then why did he enter into a sexual activity outside marriage? The fact that the sex is consensual is irrelevant if they are outside their own marriage (and therefore the fact that they are jewish/ arab is irrelevant too). The lady claimed she wanted a ‘serious relationship’ yet agrees to sex with a stranger on the same day they meet. Also the arab man is no better and clearly has no respect for women, and should at least be arrested for cheating on his wife (and family /community). They have shown disrespect for both their own and the other person’s family/community. Plus either of them might to be deliberately trying to stir up racial/religious hatred - don’t let them win!
Based on the information available to us both of them have dishonoured the bodies that God has given to them, but it is for God to judge, not people.

Fri, 2010-07-23 16:37 — Mario (not verified)

Would the court also consider a man claiming to be wealthy or a women's age change fraud when used for sexual favors? If yes.Then the jails would be filled with both Jew and gentile.

Thu, 2010-07-22 13:23 — Rob (not verified)

S. "Based on the information available to us both of them have dishonoured the bodies that God has given to them, but it is for God to judge, not people."
But of course judging them is exactly what you've just done.... you're clearly not God and therefore you've just revealed yourself to be an idiotic bigot.

Fri, 2010-07-23 18:13 — Des Demona (not verified)

I can't figure out who is more despicable here. The woman who banged a guy just after she met him and cries rape because he lied that he was Jewish or the outrageous sentence handed out by a clearly racist judiciary.

Thu, 2010-09-02 14:54 — ricky mustofa (not verified)

hello....?

Fri, 2010-07-23 19:01 — Rob (not verified)

Des, agree with you completely apart from your use of the word "racist". Xenophobic is more accurate as both Jews and Arabs are racially identical, i.e., Semitic. Hence, particularly as both cultural communities mutilate their male children's genitalia in an identical manner, it's no wonder that the poor guy involved was able to successfully pass himself off as Jewish. The fact that he felt the need to hide his ethnic origins tells you all you need to know about how Isreal treats its Arab citizens.

Sun, 2010-11-14 12:40 — sheri (not verified)

The world has gon mad,Religion has a lot to answer for..

http://www.qualitycanvasart.co.uk

Fri, 2010-07-23 20:11 — Daniele1

Shalom Aleichem:
So what you are saying is that "sexual deception" ie. the fact he was an Arab not a Jew,constitutes rape?? Can you elaborate?
Also you seem to think that at least he was circumcised, so does that make it less bad??
How does "the principle of chastity" in your religion, relates to the accusation of rape?
I am genuinely curious to understand how such an horrendous court ruling can be justified by people like you.

Wed, 2010-07-21 18:52 — Bromiskelly (not verified)

Tweeted about this earlier and this not being the first time a man bent the truth about himself for sex. As one of the replies said, replace "jew" with any other word eg banker and think about it.

Shocking

Wed, 2010-07-21 20:38 — Homo Sapiens

EhtchTee: According to BBC News, she thought he was jewish because he introduced himself with a jewish form of the name David!

Thu, 2010-07-22 18:37 — Olden Atwoody (not verified)

He lied to her, just as if he'd been married. She was looking for a partner, he was looking for sex.

Wed, 2010-07-21 21:23 — Dave C (not verified)

It will be interesting to see if this changes people's behaviour on Israeli dating sites. Will people now start describing themselves realistically? Former "company directors" will become "clerks" and those who were "witty" will now be "occasionally amusing".

Wed, 2010-07-21 21:48 — jeremiah

Rape by definition is the act of non-consensual sex.

If the woman consented then it cannot be rape. Unless she has an eyewitness who heard him saying he was Jewish then there is no corroborative evidence.

Israel, you gotta love her. Not literally though, particularly if you are not Jewish...

Wed, 2010-07-21 21:50 — Rob (not verified)

It's clearly state-sponsored xenaphobia and ought to deeply shame all Jews.... unfortunately, it won't because the Israeli mindset has long treated Arabs as less than human and the Jewish diaspora is very active in ensuring that any critics of Israel's mistreatment of its Arab population - including ethnic cleansing - are labelled as Nazis. Not for the first time in human history, past victimhood is being used as a cover for perpetrating evil on another ethnic group... shame, shame on you Isreal.

Wed, 2010-07-21 22:33 — Daniele1

I know! How about the State of Israel forces all Arabs residents to wear a distinctive shape sawn on their jackets so that a Jewish woman can spot an Arab straight away and not sleep with them?
Just a thought!

Thu, 2010-07-22 21:18 — Daniele1

S.
Your comment is TOTALLY irrelevant!!
What has it got to do with God or religion?? the man has been condemned for RAPE!
Clearly there was no rape as she obviously liked the man and had sex with him which is the most natural thing in the world.
It is like a blind white woman who has sex with a black man and then claimed he raped her because she didn't know he was black. Same thing! how would that go down in a court?
This case is vindicating people who claims that Israel is a racist state which practice apartheid against its Arab citizens.
Olden Atwoody:
So what? how does that constitute rape exactly?

Thu, 2010-07-22 21:22 — Mrs.Josephine Hyde-Hartley (not verified)

Either way, this strikes me as a simple confidence trick. In the heat of the moment these individuals may have tricked both themselves and each other it seems - by sharing an effectively false sense of security in whatever role they thought they were playing at. I daresay the same might be said of those purporting to "protect the public" concerning events like this. What a waste.

Wed, 2010-07-21 23:03 — Chris (not verified)

How the fuck did the prosecution make this argument with a straight face:

"Jewish bachelor seeking a serious relationship. The two then had consensual sex in a nearby building before Kashur left."

She was seeking a "serious" relationship with a bloke she met in the street and then fucked him down an alley...

Unfortunately, it seems Israeli xenophobia runs deep! I wonder what contorted logic Melanie Phillips and her irk will explain this one with...

Thu, 2010-07-22 01:47 — michael (not verified)

Thank God, that she wasn't virgin! Poor Kashur could be sentenced to death...
And what is extracted by the story is, that a pretty much ugly woman with very elastic ethics, slept with a (more beautiful than her) Arab and when she was dumbed, she used the racism and the tyrranic laws of the State to punish him....is there any moral left in these people??

Thu, 2010-07-22 04:08 — Alexandra (not verified)

These Israelis are a right set of evil Bastards. They are no better than the nazi's

Thu, 2010-07-22 09:54 — writeoff (not verified)

You couldn't make this up could you. Suppose it turned out he was half Jewish, would that just be a minor assault? We await the international outrage with patience..

Thu, 2010-07-22 10:26 — Rich (not verified)

Gideon Levy's comment really bugs me - it is the standard response of a casual racist. The issue here is not which religion the man claimed to be part of, but the act of deception he employed to have sex with her.

http://www.simplycanvasart.co.uk

Thu, 2010-07-22 12:03 — UnkindByDesign (not verified)

In recent history, The only state that criminalized sexual intercourse between Jews and non-Jews (Aryans) was Nazi Germany. This Israeli court decision is a direct reenactment of the Nuremberg racial laws of 1936, but in reverse. A majority of Jews today are suffering from Stockholm syndrome.....What a disgrace for individuals who claims to bear the universal burden of suffering & persecution