Rape charge for Arab posing as Jew

By Jennifer Lipman, July 21, 2010

An Arab man has been charged with raping an Israeli woman for having consensual sex while posing as a Jew.

The Jerusalem District Court sentenced Sabbar Kashur to 18 months in prison for rape by deception as part of a plea bargain.

Mr Kashur, 30, from east Jerusalem, presented himself as a Jewish bachelor to a woman he met in the city in 2008. But after the couple had sex in a building nearby she discovered he was not Jewish and filed a complaint for rape and indecent assault.

The court convicted him because it found that the woman would not have consented “if she hadn't thought the accused was a Jewish bachelor interested in a serious romantic relationship". Accordingly the court ruled that her consent was based on false premises.

Tzvi Segal, one of three judges who decided the case, said it was not "a classical rape by force".

Judge Segal added: “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 matters at hand are so intimate, sensitive and fateful, the court is required to stand firmly at the side of the victims."

Mr Kashur said the verdict is racist. He said: "If I were Jewish they wouldn't have even questioned me.

“I didn't rape her in the forest and throw her away naked. She agreed to everything that happened."

Israeli journalist Gideon Levy said: “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."

Last updated: 9:41am, July 21 2010