Man Jailed for Lying to Get Sex
That's what happened to Sabbar Kashur, 30, an Arab man convicted of rape and sentenced to 18 months in prison after he had consensual sex with a woman who believed he was Jewish, reports the Israeli daily Haaretz.
Kashur, 30, met the complainant, whose identity has not been revealed, when he posed as a Jewish bachelor looking for a serious relationship at a downtown Jerusalem bar, in 2008. Introducing himself as "Dudu," the Hebrew nickname for David, his persona attracted the complainant, and the couple moved to a nearby building to have sex. Kashur left soon afterward, before the woman was able to put her clothes back on.
After their encounter, the woman discovered Kashur was not Jewish and filed a complaint with the police department.
In the judge's ruling he noted that this was not a "a classical rape by force," as the sex was consensual, but "if she [the complainant] hadn't thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have cooperated."
The judge also ruled it was in the public's interest to protect individuals from "sophisticated, smooth-tongued criminals who can deceive innocent victims at an unbearable price -- the sanctity of their bodies and souls."
According to Israeli law, "deceit" is a possible aggravating factor in sexual assault cases. Several men have been convicted of rape by deception in the country, the most notable in 2008, when a man was jailed for posing as a housing ministry official and promising women apartments in exchange for sex.
Kashur, a married man with two children, has since spoken out against the ruling, telling the Israeli daily Haaretz he did not mislead the woman. He claims Dudu is a nickname even his wife uses to address him and that the woman initially pursued him..
"I would say she set upon me. She was interested in my motorcycle and so we talked," he told the paper.
The case marks the first time someone lying about their race has been considered fraud, underlying racial tensions and taboos present in the country.
"In this case, the ruling seems to say that if a 'reasonable' Jewish woman knew a man was an Arab, then she would not make love to him," Abeer Baker, an attorney with Adalah, an organization that advocates for Arab rights in Israel, told Aljazeera.net.
Kashur's defence is planning an appeal. His lawyer Adnan Aladdin told the London Telegraph that if this case set a precedent, "many men would find themselves in jail."
Kashur was convicted after agreeing to a plea bargain, he has spent the last two years under house arrest.