Saturday, July 24, 2010

18 Months for "Rape By Fraud"


It seems to me that this story points out how far anti-Arab racism has seeped into every day Israeli society. According to the Hebrew daily Maariv:

Sabar Kashour, a young man from East Jerusalem , was sentenced [Monday July 19] to 18 months in prison after having defrauded and thereby raped and committed indecent acts upon a Jewish young woman, who only yielded to him because she thought he was a Jew. ...

The prosecution representative, Adv. Daniel Vittman, argued that Kashour had indeed carried out his plot without the use of force, but that he had dissipated her ability to object to his actions by means of the false representation about his personal situation – [claiming that he was] a Jewish bachelor interested in a significant romantic relationship. In this way he abused her desire for a deep emotional relationship, which was the only reason that she agreed to have sexual relations with him. ...

He invited her to accompany him to a building on Hillel Street. When they came to the top floor, Kashour undressed the young woman and had intercourse with her, with her consent, that had been fraudulently achieved, as stated above. After having carried out his scheme, he departed from the building and left her naked, on the top floor of that building.

The prosecution first claimed that the complainant actively and significantly objected to the events, but in the course of the trial the young woman testified that she had agreed to the action because she had thought that the person in question was a Jew. In light of that the indictment was amended, and the defendant was accused of rape and indecent actions by way of fraud.

...Justice Segal [said] ... “Indeed, ... we do not have before us a ‘classic’ case of rape – by force – and the indictment initially filed, which had indicated significant objection by the complainant to the actions by the defendant, had been amended further in the proceedings, after hearing her testimony, when it became clear that the actions were indeed carried out with her consent, but that it had been fraudulently obtained, relying on false representation. Had she not been of the opinion that he was a Jewish bachelor interested in a significant relationship [she would not have consented.]

The judge stated that “the Court must protect the public interest against sophisticated criminals with a smooth tongue and sweet talking, who can lead astray innocent victims at the unbearable price of the sanctity of their bodies and souls.”

He stated that “when the foundation of trust between people falls away, especially in matters so sensitive, intimate, and fateful, the Court must stand firm on the side of the victims – actual and potential – to protect their well-being. Otherwise they will be abused, manipulated, cheated, and the cost will be a tolerable, token penalty.”

If every man who lied to get sex was put in prison, there wouldn't be enough jails to hold them all. Kashour is no angel to be sure. In fact he is a cad. But his crime was not in his lying about his romantic feelings, but in his mis-representing his ethnic identity. And Judge Segal seems to be giving voice to the fear, common in so many racist societies, about "their" men violating "our" women.

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