Rod Dreher

Rod Dreher


‘Rape by deception’? Huh?

posted by Rod Dreher

The BBC this morning reported on a bizarre case in Israel of an Arab man convicted of “rape by deception,” because he’d led the Jewish woman with whom he’d had consensual sex to believe he was Jewish. Ha’aretz has the story here. Plainly it’s a racist verdict, and a bizarre one — but there’s more to the story than Ha’aretz lets on. According to the BBC radio report I heard, Israeli courts have previously convicted a man of “rape by deception”, after he pretended to be a government housing official who offered help getting an apartment in exchange for sex.
This is crazy. You start putting men in jail for rape for lying to women to get into their pants, you’ll run out of prison space within two weeks. What happens if a cad tells a woman he loves her to convince her to sleep with him, but doesn’t really mean it. Is that rape by deception? How do you prove such a thing?



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public_defender

posted July 21, 2010 at 8:16 pm


I wonder if an Arab man having sex with a Jewish woman in Israel faces risks similar to those a black man having sex with a white woman faced not too long ago in the American South.



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public_defender

posted July 21, 2010 at 8:40 pm


To be fair, an Arab man would likely be safer with a Jewish woman in Israel than a Jewish man would be with an Arab woman in any if Israel’s neighbor’s, but that’s not exactly a high compliment.



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Aaran

posted July 21, 2010 at 8:41 pm


your report contradicts its self in claiming that it is a “racist verdict” then looking at similar verdicts where the defendent pretended to be a goverment housing official – clearly that is not racist.
“the consent itself was obtained through deception and under false pretenses.”
you would do well to deal with the reasoning of the judge rather than tell a one eyed oppinion.
“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,” Segal wrote.
“When the very basis of trust between human beings drops, especially when the matters at hand are so intimate, sensitive and fateful, the court is required to stand firmly at the side of the victims … otherwise, they will be used, manipulated and misled, while paying only a tolerable and symbolic price,” he wrote.



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public_defender

posted July 21, 2010 at 8:41 pm


To be fair, a Jewish man in any of Israel’s neighbors would take bigger risk being with an Arab woman than an Arab man would in being with a Jewish woman in Israel, but that’s not exactly a high compliment.



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public_defender

posted July 21, 2010 at 8:42 pm


Sorry for the double post. The system told me my first post didn’t make it.



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Elizabeth Anne

posted July 21, 2010 at 8:44 pm


The priciple is a good one: after all, imagine a woman who, in the dark of night, has sex with the man who has gotten into her bed, thinking it’s her husband.The next morning, she finds out it was someone else. But this case? While doing such a thing is obviously immoral, I’m not sure prosecution is the way to go.



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public_defender

posted July 21, 2010 at 8:46 pm


you would do well to deal with the reasoning of the judge rather than tell a one eyed oppinion.
“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,” Segal wrote.
“When the very basis of trust between human beings drops, especially when the matters at hand are so intimate, sensitive and fateful, the court is required to stand firmly at the side of the victims … otherwise, they will be used, manipulated and misled, while paying only a tolerable and symbolic price,” he wrote.
I know what the judge wrote. The question is whether the same reasoning has is regularly applied to charge rape in cases of men lying for sex, or if this is something the judge (and prosecutor) pulled out because he was mad that an Arab man had sex with a Jewish woman.
We can’t judge the whole case by one article, but it’s a question worth raising and answering.



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Eric

posted July 21, 2010 at 8:47 pm


I think this is much more complicated an issue than it first appears. I see a spectrum of acts of deception, some of which are very rape-like (falsely claiming not to have HIV; doctor telling mentally-retarded patient that she needs to have sex with him for medical reasons), and some of which it would feel very strange to treat as rape (lying about knowing a famous person or being a champion athlete to get someone in bed). I would say that this particular case falls much more in the not-rape-like category, but the idea that deception could be a form of rape in certain circumstances is not one that I can dismiss outright.



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public_defender

posted July 21, 2010 at 8:50 pm


Sorry about all the posting problems. My above post doesn’t make it clear where the quoted material stopped and I started. Let’s try again:
you would do well to deal with the reasoning of the judge rather than tell a one eyed oppinion.
“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,” Segal wrote.
“When the very basis of trust between human beings drops, especially when the matters at hand are so intimate, sensitive and fateful, the court is required to stand firmly at the side of the victims … otherwise, they will be used, manipulated and misled, while paying only a tolerable and symbolic price,” he wrote.
I know what the judge wrote. The question is whether the same reasoning has is regularly applied to charge rape in cases of men lying for sex, or if this is something the judge (and prosecutor) pulled out because he was mad that an Arab man had sex with a Jewish woman.
We can’t judge the whole case by one article, but it’s a question worth raising and answering.
\



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Polichinello

posted July 21, 2010 at 10:29 pm


From the Ha’aretz story:
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
Emphasis mine. I love the way the writer subtly eviscerates the skank here.
The old saying “Lie down with dogs, and you wake up with fleas” applies. You bed down a dude you just met, and–amazingly!–he probably won’t match the profile he gave you.
This is a racist verdict in the truest sense of the word.
captcha: misgiving someone



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kevin s.

posted July 21, 2010 at 11:03 pm


As much as I despise the anti-Israeli attitudes that seem to define these sorts of discussions, it is worth noting that Israel is, essentially, a socialist state. As such, we should be unsurprised by the verdict in this case, for a host of obvious reasons.



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