Arab convicted of rape after consensual sex with Jew

TEL AVIV – In a New York bar, men and women might exaggerate their biographies in the pursuit of the opposite sex. But here in the Holy Land, deceiving your partner can have serious consequences.

The Jerusalem District Court ruled this week on the fine points of what a man must tell a woman before they engage in sexual relations, convicting an Arab man of “rape by deception” for lying to a Jewish woman to get her to sleep with him.

Two years ago, 30-year-old Sabbar Kashur met a woman in the city of Jerusalem and introduced himself as a Jewish bachelor seeking a serious relationship. Shortly after meeting the woman, the two had consensual sex.

But later, when the Jewish woman found out that Kashur was not a fellow Jew, she filed a police complaint alleging rape and indecent assault. (The misrepresentation went further – he was not a bachelor either, but rather a married father of two daughters).

On Monday, Kashur was convicted on the charge of rape by deception and sentenced to 18 months in prison by the Jerusalem District Court.

In the verdict, Judge Zvi Segal said that the consent for sex was obtained under false pretenses. “If she had not thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have cooperated,” the judge wrote in his verdict.

The court rejected a request by Kashur’s lawyers that he perform community service in lieu of jail time, writing: “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.”

But, Kashur believes the case is racially motivated because the woman went to police only after learning he was an Arab non-Jew. “If I were Jewish, I would have never been questioned,” he told Haaretz newspaper.

In fact, given demographic concerns that are often top of mind for Israelis, sexual relations between Jews and Arabs are often discouraged. Arabs make up about 20 percent of Israel’s population, but intermarriage is still rare.

Elkana Laist, who works in the Public Defender’s Office in Jerusalem, criticized the verdict, telling Haaretz it “opens the door to a rape conviction every time a person lies regarding details of his identity. Every time the court thinks a reasonable woman would not have sex with a man based on that representation, the man will be charged with rape. That approach is not accepted around the world, either.”
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Still, some hailed the verdict as a victory for women.

“This is a brave and revolutionary verdict,” said Nurit Tsur, Executive Director of the Israel Women’s Network.?She told NBC News that the verdict was important because it acknowledged that sexual consent is not only a physical matter, but an emotional one.

“A woman has the right to get the full picture of the person who stands in front of her,” said Tsur.

Kashur’s lawyers say they are considering an appeal to the High Court of Justice. ?

Update: This post has been updated to clarify that the defendant was an Arab non-Jew.