A Palestinian man has been convicted of rape ‘by deception’ after having consensual sex with a woman who had believed him to be a fellow Jew.
Sabbar Kashur, 30, who had introduced himself as Daniel, was only charged with the offence when she later realised he was an Arab.
A court in Jerusalem made international legal history by jailing the delivery driver for 18 months despite acknowledging it had not been ‘a ‘a classical rape by force’.
The unusual case underscores the racial tensions between Israel's Jewish and Arab communities, where intimate relations between the two are often regarded as taboo.
The court heard that Mr Kashur misled the woman by introducing himself with a traditionally Jewish name during a chance encounter in central Jerusalem in 2008.
Mr Kashur, from the Arab sector of East Jerusalem, had also suggested he was a bachelor seeking a serious relationship.
The two then had consensual sex in a nearby building before Mr Kashur left before the woman, who has not been named, had a chance to get dressed.
When she later found out that he was not Jewish but an Arab, she filed a criminal complaint for rape and indecent assault.
After striking up a conversation, the two went into a top-floor room of a nearby office-block and engaged in a sexual encounter, after which Mr Kashur left.
It was only later that she discovered the Arab’s true racial background, lawyers said, leading her to file criminal complaint.
Although Mr Kashur was initially accused of 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 Mr 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.
Wednesday, July 21, 2010
Israel jails Arab for "rape" after consensual sex with woman who thought he was Jewish.
I guess I should stop telling girls in bars that I'm a 7-foot-tall, totally ripped millionaire. From the Daily Mail: