I was gonna write a brief ‘good news’ summer diary today (hey hey, ‘California city approves marijuana farming‘), but then had to click on Lenin’s Tomb and that was out. I didn’t know that Israeli law considers it rape if an Arab Israeli man has consensual sex with a Jewish Israeli female (if he does not say that he is Arab). File this under "it’s not your grandparents’ Israel anymore." Here’s lenin’s take (links in original):
Racist patriarchy in Israel posted by lenin
This is an example of racist patriarchy. A man, Sabbar Kashur, has been imprisoned for doing nothing more than having consensual sex with a woman, whose name has not been disclosed. Both parties were of age, and no one alleges that the transaction took place without consent. . . . as the woman’s testimony in the course of the trial made clear, the only crime that Kashur, now convicted of rape, committed was to have allowed the woman to believe that he was Jewish, when in fact he was an Arab. He did not even actively perpetrate a deceit, merely chatted the woman up and didn’t say "by the way, I am an Arab". And that has earned him 18 months in prison, on the basis of a plea bargain. Judge Tzvi Segal explained:
"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."
Are you getting it yet? Sex with an Arab constitutes a violation of the sanctity of body and soul – an "unbearable price". This is not a freakish opinion in Israeli society. For example, half of Israeli Jews believe intermarriage between Arabs and Jews is equivalent to national treason . . . Gangs of men in a Jerusalem neighbourhood roam around, behaving as a de facto vice and virtue squad, to ‘protect’ young Jewish girls from Arabs. One local authority has set up a squad of counsellors and psychiatrists to ‘rescue’ Jewish girls who are dating Arabs. . . .
So Kashur is accused of ‘impersonating a Jew,’ but apparently his real crime was not emphatically saying "Hey, before this goes too far, you _do_ know I’m an Arab, right?!" (emphasis added):
Kashur, married and the father of two small children, has been under house arrest for almost two years since the incident occured.
According to Kashur, he was exiting a grocery store in downtown Jerusalem around midday when a woman in her late 20s began to talk to him. "I would say she set upon me. She was interested in my motorcycle and so we talked. I didn’t pretend. I said my name is Dudu because that’s how everybody knows me. My wife even calls me that."
Kashur said the verdict is racist.
"For two years I’ve been under house arrest for nothing," he said. "If I were Jewish they wouldn’t have even questioned me. That’s not called rape. I didn’t rape her in the forest and throw her away naked. She agreed to everything that happened."
Gideon Levy agrees with Kashur:
Gideon Levy, a liberal Israeli commentator, was quoted as saying: "I would like to raise only one question with the judge. What if this guy had been a Jew who pretended to be a Muslim and had sex with a Muslim woman?
"Would he have been convicted of rape? The answer is: of course not."
Or maybe Israeli law now is that it was illegal for Kashur not to accurately mind-read what the young Jewish woman was thinking:
High Court Justice Elyakim Rubinstein said a conviction of rape should be imposed any time a "person does not tell the truth regarding critical matters to a reasonable woman, and as a result of misrepresentation she has sexual relations with him."
Rubinstein said the question was also whether an ordinary person would expect such a woman to have sex with a man without the false identity he created.
Oh well, it’s a deeply illiberal Israel the West must deal with now. Does it remind anyone else of apartheid South Africa?



45 Comments

interesting thoughts, fairleft.
no, but it does prompt me to think about how a Gazan woman would be treated if some Israeli guy lied to her and wormed his way into her affections.
would a Hamas court have handled hearing her courtroom testimony differently….or would the handling be handled entirely differently…and more honorably?
Not as much as it reminds me of the Nuremburg laws.
So he simply didn’t tell her he was not jewish? Males lie to get in your pants. big surprise.
According to wiki, in America from 1913 to 1948, 30 of 48 states enforced anti-miscegenation laws.
The laws in U.S. states were established to maintain “racial purity” and white supremacy. Such laws were passed in South Africa because of fears that the white minority would be “bred-out” by the black majority.
The Nazi ban on interracial marriage and interracial sex was enacted in September 1935 as part of the Nuremberg Laws, … (The Law for the Protection of German Blood and German Honour). The Nuremberg Laws classified Jews as a race, and forbade marriage and extramarital sexual relations between persons of Jewish origin and persons of “German or related blood”. Such intercourse was condemned as Rassenschande (lit. “race-disgrace”) and could be punished by imprisonment (usually followed by deportation to a concentration camp) and even by death..
Here’s an enlightening column by Uri Avnery on the historical roots of this phenomenon.
You should read the whole article. The source is the same.
Psycho courts. Levy is great, but I wonder how he thinks arguments based on role reversal are to get any kind of traction in such a racist society.
Since the ruling came down from a secular Israeli court, a more apt question, if one insists on grasping at this straw, would be whether a PA* court would convict the Israeli of rape (if it were capable of convicting any Israeli of anything)?
I did appreciate your post where you first brought this to our attention.
Does rape have a statute of limitations in Israel, by the way? Because if not, this ruling does set a precedent for opening a rape prosecution against the Mossad agent who sexually entrapped Mordechai Vanunu in 1986.
*Palestinian Authority, not Pennsylvania
If people keep making excuses for Israel’s righties, they will soon make it so that Israel — which was founded as a socialist, secular state (remember the kibbutzim?) — will be under the thumb of people every bit as viciously retrograde as the worst Wahabi mullahs.
I’ve no idea of SoL in Israel, and while I strongly support prosecuting rapes, 18 months for “rape by deception” in this case, smells.
I don’t think that there’s much of an excuse being made or much likelihood of finding one that would serve.
That’s the 800 lbs gorilla in the room, now isn’t it.
The facts recited by lenin differ from other accounts on major websites, see:
http://volokh.com/2010/07/21/an-interesting-rape-by-fraud-case-from-israel/
and
http://abovethelaw.com/2010/07/bar-exam-question-of-the-day-sex-by-trick/
Obviously I have no particular insight into which version is accurate. However, if he affirmatively lied in order to get her consent, I can see a non-racist argument that it amounts to rape by fraud. Rape by fraud has a fair amount of history, both domestically and internationally.
Right on, Mac — if “the bad guys” would do it too in your thought experiment, then of course it’s all good, or at least very, very understandable.
“THOSE GUYS R WORSER!”
Cut Israel loose. Bye, racists.
You betcha, they’re even building ghettos!
Building? I’d call Gaza and the West Bank ghettos that already exist…
I’ve got a better question than Gideon Levy’s. How many months would he have gotten if he were a married Jewish man who lied about being single?
I mean, when these guys say Jewish state, they mean JEWISH state.
Or, in the immortal words of Rabbi Kahane, keep your filthy goyishe hands off our girls!
If there’s such a thing as condemning with faint praise, then I’d say there is also absolution with weak criticism.
I believe that’s what MM is usually selling around here.
naw, red. if some joker thinks using the nom “fairleft” covers the unfairness of the comparison that fairlrft suggests, then a cranky comparison in return seems……………fair.
you’re not so bad and I don’t mind being the only one to say so.
Perhaps Mr Kashur had Yiddish fever.
any one who wants to continue seeking to understand my thoughts on this matter is invited to read an earlier post about it.
you’ll see which side I’m on.
Or what would a North Korean court say on a similar case?
For Americans, the nature of Israel, by far the largest recipient of U.S. foreign and military aid, is a more relevant matter.
This is rude except where it’s incoherent:
What comparison did I suggest?
no, fairleft, for Americans, what an Islamist gang would do is worth knowing and highly relevant.
Israel and South Africa.
you don’t remember?
It might remind you of what you believe of “apartheid South Africa’, but I don’t recall such an actual case…possibly the alcoholic haze was too thick…those parties were huge every Saturday, and quite mixed (and I don’t mean mixed sexes)
Israel has done a much more thorough job of fencing in the Bantustans and townships than South Africa.
Israel’s Apartheid is Apartheid on Steroids.
How is this different from accusing Black men of rape if they so much as look at white women funny? How is it different from the Nazis forbidding Jews from marrying non-Jews? It’s not. But we’re supposed to believe that this is all perfectly acceptable because it’s Israel, and Israel is not to be criticized under any circumstances — because if one does dare to criticize it, even if he or she is Jewish, then it MUST mean the critic is anti-Semitic. Because it simply CAN’T ever be that the Israeli government and society practice horrific policies against Arabs and that such things as this are as wrong now as they were when they were being done to Blacks and Jews.
I look forward to the first rape conviction against an Israeli man for lying his way into bed with an Israeli woman by impersonating a doctor or lawyer.
maybe a nice apartment, ralph ?
I
from badgerexpat’s second link @comment 10
Wow, OK then. “Asked and answered,” as we lawyers say. (Oh wait! Ladies, please disregard!!)
If the law says a non-Jew fails to tell a Jewish girl he’s not Jewish then I have to ask…
Q: Did he know SHE was Jewish?
I mean, after all, how can you tell a person’s faith by appearances?
Excellent point. So in Israel it is technically feasible for two consenting adults to be convicted of raping each other.
maybe a third-party check would cover it?
Yeah, that’s the first thing I thought of too.
Amazing that we repeat history’s disasters with such a frequency. As soon as a disaster fades from living memory, it happens again.
This decision proves once again that the Israeli courts and this woman are anti semitic
choke that is so funny
good point. Although lots of chasing, killing, looting of the Palestinians off of their lands before the kibbutzniks
fairleft “Oh well, it’s a deeply illiberal Israel the West must deal with now. Does it remind anyone else of apartheid South Africa?”
Sure reminds Nelson Mandela of apartheid in South Africa. In fact he calls Israel and apartheid state
http://www.mediamonitors.net/arjan28.html
“Dear Thomas,
I know that you and I long for peace in the Middle East, but before you continue to talk about necessary conditions from an Israeli perspective, you need to know what’s on my mind. Where to begin? How about 1964. Let me quote my own words during my trial. They are true today as they were then:
“I have fought against white domination and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die.”
Today the world, black and white, recognize that apartheid has no future. In South Africa it has been ended by our own decisive mass action in order to build peace and security. That mass campaign of defiance and other actions could only culminate in the establishment of democracy.
Perhaps it is strange for you to observe the situation in Palestine or more specifically, the structure of political and cultural relationships between Palestinians and Israelis, as an apartheid system. This is because you incorrectly think that the problem of Palestine began in 1967. This was demonstrated in your recent column “Bush’s First Memo” in the New York Times on March 27, 2001.”
Tutu condemns Israeli ‘apartheid’
http://news.bbc.co.uk/2/hi/1957644.stm
What do you think is unfair about the comparison?
That case is virtually paying for sex through promised favors. It really has nothing to do with having sex while Arab.
That issue was unimportant to the court, as far as I can tell.
while, I don’t wish to play the advocate for rulings concerning “sex by deception” the case, fairleft, turns on the fact that the man saying that he was empowered to provide the apartment was not, and did not, and thusly was deceptive.
The case is more fairly “virtually not paying for sex” just as the uglier headlined case turns on the attempt by the judges to say that the woman had a reasonable, and punishable by state action in the breech, expectation that the man would repay her actions with continued affection.
I get the feeling that many on the evangelical right see this as a model or alternative to the constitution. In god we Trust….In Israel, an Arab man has been sentenced to 18 months in jail for ‘rape by deception’. The convicted man plans to appeal the decision. Even Arab-Israeli couples who choose to have interfaith relationships can face hostility. http://www.newslook.com/videos/231793-arab-man-guilty-of-rape-by-deception?autoplay=true
The “promised favors” is a form of payment. Just like a check that will bounce is a form of payment.
“High Court Justice Elyakim Rubinstein said a conviction of rape should be imposed any time a ‘person does not tell the truth regarding critical matters to a reasonable woman, and as a result of misrepresentation she has sexual relations with him.’”
The key to understanding Israeli law here is that a “reasonable woman” who is Jewish is assumed to be racist and therefore assumed not to want to have sex with an Arab man. That’s why the decision is racist.
thank you for t your effort at explanation of
I had some vague suspicion previously….
Now, how about you take a stab at what caused the woman to file the complaint?
The decision was not about mind-reading either person.
It was about assumptions. The Supreme Court of Israel provides lower court judges (racist) guidance on what to assume. In this he said / she said case (he said he didn’t mislead, she said he did), the Supreme Court says, first of all, that the man was obliged to tell the woman information that ‘a reasonable Jewish Israeli woman’ would want to know. Specifically, the official rule, the official (and racist) assumption, is that she would want to know and therefore likely tried to get to know whether or not the guy was Arab. Therefore, the lower court judge assumed she was basically telling the truth, that somehow she had tried to find out the guy’s ethnicity and that somehow he had misled her.
By the way, in both stories (the Haaretz one and in the Guardian) there was no additional evidence provided other than ‘he said / she said’. But maybe there is a lot of additional evidence the stories aren’t telling us, and maybe the real story of this case is totally different, with different lessons or no lessons to learn about Israel, if we had that additional information.