Usually, consensual sex that leads to a rape conviction has something to do with the legal age of consent and one of the consenting sexual partners being below it. Maybe the victim even lied about their age and the law showed no mercy for the hapless perpetrator. But, this is a novel case where two, consenting adults met and then had sex. Everything was legal until sometime later when the woman found out something about her sexual partner.
Sabbar Kashur, 30, was sentenced to 18 months in prison on Monday after the court ruled that he was guilty of rape by deception. According to the complaint filed by the woman with the Jerusalem district court, the two met in downtown Jerusalem in September 2008 where Kashur, an Arab from East Jerusalem, introduced himself as a Jewish bachelor seeking a serious relationship. The two then had consensual sex in a nearby building before Kashur left.
When she later found out that he was not Jewish but an Arab, she filed a criminal complaint for rape and indecent assault.
Although Kashur was initially charged with rape and indecent assault, this was changed to a charge of rape by deception as part of a plea bargain arrangement.
Rape by deception! What a concept. Imagine such a thing! A man at the bar might be guilty of rape if by telling an inebriated woman that he works for the CIA or that he saved orphans from a tremendous fire convinced her to have sex with him. If she later found out that it was all untrue, she could have him charged with rape!
Or, if a woman claims to be younger than she is to seduce a man at the gym! Later, he finds out that not only is she older than she claimed, but she has 2 kids and a husband! Why, she raped him! With deception!
Even if you claimed you could please someone like no other lover has done before and you fall a little short, your disappointed lover may feel betrayed and level a rape charge against you.
Of course, this is all ridiculous. We know why the rape conviction came down in this case. Good, old fashioned tribalism.
Handing down the verdict, Tzvi Segal, one of three judges on the case, acknowledged that sex had been consensual but said that although not "a classical rape by force," the woman would not have consented if she had not believed Kashur was Jewish.
So, folks, if you ever are in Israel and you bump uglies with anyone, make sure you do not tell any untruths before or during coitus.