Criminal defense in Austin Texas.

Is It Rape?

Posted By on July 21, 2010

Arab man who posed as Jew to seduce woman convicted of rape

An Arab resident of Jerusalem who had consensual sex with a woman who believed him to be Jewish, was convicted yesterday of rape by deception and sentenced to 18 months in prison by the Jerusalem District Court.

Sabbar Kashur, 30, was convicted as part of a plea bargain. According to the indictment, Kashur met the complainant in September 2008 in downtown Jerusalem, presenting himself as a Jewish bachelor looking for a serious romantic relationship.

The couple then went to a nearby building and had sex, after which Kashur left the building without waiting for the woman to get dressed.

When the woman found Kashur was not a Jew but an Arab, she filed a complaint that resulted in charges of rape and indecent assault.

In the verdict, deputy president of the Jerusalem district court Tzvi Segal, along with fellow judges Moshe Drori and Yoram Noam, wrote that although this wasn’t “a classical rape by force,” and the sex was consensual, the consent itself was obtained through deception and under false pretenses.

“If she hadn’t thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have cooperated,” the judges wrote.

Could it happen here?  Probably not.

In Texas, sexual assault is sex “without consent.”  While that can mean deception in some cases – theft, for example – it’s not defined that way when it comes to rape.

Israeli law, on the other hand, treats sex more like an economic transaction.  If consent is obtained through deceit, or fraud, then it doesn’t count.

It makes a certain amount of sense.  Massachusetts, for one, has considered making sex-by-deceit into a crime.  Other states make it a crime to pretend to be someone’s husband when you’re not.

But pretending to be Jewish to get laid?  A misdemeanor, at most.


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