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AFP - An Israeli court's jailing on a rape charge of an Arab man it ruled had duped a Jewish woman into consensual sex by lying about his ethnicity caused a stir on Wednesday. The Jerusalem District Court "has gone too far," the liberal Haaretz daily quoted Elkana Laist of the public defender's office as saying. The court sentenced Sabbar Kashur, 30, to 18 months behind bars on Monday, after finding that he had had sex with the woman by posing as a Jewish bachelor interested in a long-term relationship. When the woman found out he was not a Jew, she filed a police complaint that led to charges of rape and indecent assault. In a plea deal, Kashur later agreed to the charge of rape by deception, Haaretz said. That's not called rape," Haaretz quoted him as saying. The newspaper noted that the Israeli High Court set a precedent for the charge of rape by deception in when it rejected an appeal against a rape conviction by a man who impersonated an housing ministry official, promising women he would get them an apartment if they slept with him. Lais argued that the Jerusalem court went too far in its application of that High Court ruling, "opening the door to a rape conviction every time a person lies regarding details of his identity. The argument that obtaining sex by false pretences is a form of rape has been used in several countries, including the United States. Israel's Arab community numbers 1.
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Thirty-nine-year-old Amani, a Palestinian mother of seven, is a victim of domestic abuse. As a young girl, her father would hit her.
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Yael Branovsky. Mindless does not begin to describe the circumstances of many of our young people. Since coming to Israel 3 yrs ago, I have been shocked by the poor quality of education in a large segment of Israeli society. I'm not an "old fashioned" guy, I'm really pretty liberal no one laugh - I'm only a hawk on security issues - but this story just illustrates the low intellectual level that is all too common here. Values are part of a persons intellectual level as well as educational attainment. This is happening all over the world but I didn't expect it or so much of it in a supposedly Jewish country. And for those of you who mentioned the girls parents - they are just as much a product of our difficient educational system as she is. If we don't improve our educational system soon, our survival as a country will be problematic. Isn't time for the Westbankers to do what the Gazans did and get rid of these useless and corrupt sex mongers arselickers! I have a kid from a previous marriage who chilled in Isreal for 10 years all the while learning nothing..
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Last week the court ruled on a case involving a woman who said she believed the Arab man with whom she had consensual sex a few minutes after meeting him was a Jewish bachelor interested in a serious relationship. Some Israeli commentators greeted the ruling with incredulity and dismay; some have denounced it as anti-Arab racism. Kushour does not deny that he had a one-time sexual encounter with the woman, who was identified as Maya, but he denies that he misrepresented himself as Jewish in order to sleep with her. In an interview with the British Guardian newspaper published Sunday, Kushour — who is known by the Jewish nickname Dudu, a sobriquet for David — said Maya never asked if he was Jewish and did not appear to be looking for a long-term relationship when the encounter took place in Within 15 minutes of meeting each other, the couple had consensual sex on the top of a nearby building. Kushour left the woman immediately afterward, but not before tapping her phone number into his cell phone. Maya filed a police complaint shortly after the encounter, and when Kushour called her six weeks later, she had enough contact information to have him picked up by police and confined to house arrest for the past two years. It was not the first court ruling against a man who used deceit in a sexual context, according to Haaretz. In one case, a man named Eran Ben-Avraham was convicted on three counts of fraud for telling a woman he was a wealthy neurosurgeon in order to maintain a relationship. In another, Zvi Sleiman was convicted of rape by deception for pretending to be a senior Housing Ministry official and making promises of an apartment to keep his girlfriend.
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A court in Jerusalem has made international legal history by jailing Sabbar Kashur, a year-old delivery man from East Jerusalem, for 18 months. He was convicted of "rape by deception" following a criminal trial that has drawn criticism from across Israel. The court heard accusations that Mr Kashur misled the woman, whose identity has not been disclosed, by introducing himself with the traditionally Jewish name during a chance encounter on a street in central Jerusalem in 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 before the woman had a chance to get dressed.

It was only later that she discovered Mr Kashur's true racial background, lawyers said. Although conceding that the sex was consensual, district court judge Tzvi Segal concluded that the law had a duty to protect women from "smooth-tongued criminals who can deceive innocent victims at an unbearable price".

River Jordan baptism site could be closed. A conviction for rape by deception on the grounds of racial misrepresentation is believed to be internationally unprecedented, according to British legal experts. The charge is rarely used in the West. In , a Syrian pilot walked free from a court in Swansea after being accused of tricking a woman into intercourse by saying it could cure her of a sexually transmitted disease.

A court in Massachusetts also acquitted a man who allegedly masqueraded as his twin-brother in order to have sex with the man's wife. While forced sex by deception is an offence under Israeli law, legal experts say it is a charge used sparingly in cases involving protracted deceit and a promise of marriage.

Kashur was originally accused of violent rape and indecent assault, but later accepted the lesser charge under a plea-bargain after prosecutors received evidence suggesting the encounter was consensual. It puts the law in the position of what could loosely be described as discrimination. I would feel intuitively uncomfortable about prosecuting someone for something like that. Asked whether his client was the victim of racial discrimination, Mr Aladdin said he "would rather not comment".

Others, however, were scathing. Gideon Levy, a leading liberal commentator, said: "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. Israeli human rights activists said that Kashur's actions reflected the deceits many Palestinians practise when in Israel in an attempt to avoid official and private prejudice because of their background.

The prosecutor in the case was unavailable for comment and officials in the Jerusalem district attorney's office declined to discuss it. Terms and Conditions. Style Book. Weather Forecast. Accessibility links Skip to article Skip to navigation. Tuesday 10 March Palestinian jailed for rape after claiming to be Jewish A Palestinian man has been convicted of rape after having consensual sex with an Israeli woman who believed he was Jewish because he introduced himself as "Daniel". Photo: AP. By Adrian Blomfield in Jerusalem. Related Articles.

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