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Jurists say Arab's rape conviction sets dangerous precedent
Sabbar Kashur sentenced to 18 months for posing as Jewish man to bed woman

By Tomer Zarchin

Lawyers for the Arab man convicted of rape by deception and sentenced to 18 months in prison, say they are considering an appeal to the High Court of Justice.

Sabbar Kashur, 30, had consensual sex with a woman after he posed as a Jewish bachelor interested in a long-term relationship.

When the woman found Kashur was not a Jew but an Arab, she filed a police complaint that led to charges of rape and indecent assault.

"If she hadn't thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have cooperated," Judge Zvi Segal wrote in his verdict. Segal said the court had to protect the public from sophisticated criminals who could mislead innocent victims.

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."

In 2008, the High Court of Justice set a precedent on rape by deception, rejecting an appeal of the rape conviction by Zvi Sleiman, who impersonated a senior official in the Housing Ministry whose wife worked in the National Insurance Institute. Sleiman told women he would get them an apartment and increased NII payments if they would sleep with him.

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.

In the past, men who misrepresented themselves in this way were convicted of fraud.

One such case was that of Eran Ben-Avraham, who told a woman he was a neurosurgeon after which she had sex with him, and was convicted of three counts of fraud.

Elkana Laist of the Public Defender's Office yesterday said the Jerusalem District Court had gone too far in its application of the approach of the High Court, "opening the door to a rape conviction every time a person lies regarding details of his identity. Every time the court thinks a reasonable woman would not have had sex with a man based on that representation, the man will be charged with rape. That approach is not accepted around the world either."

Laist also said the court's verdict was paternalistic toward women. "The test the court adopted is problematic, because it means that every time a man tells a woman he loves her, based on which she sleeps with him, he could be convicted of rape."

Dana Pugach, head of the Noga Center for Victims of Crime, said she thought the verdict was appropriate. "We all have different characteristics, and it is a person's right to have sexual relations with a person knowing the facts about those characteristics. I see no difference between impersonating a Jew if you are an Arab and a wealthy pilot when you are penniless, if those are relevant characteristics to the decision to have sex."

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."

He impersonated a human

Sabbar Kashur wanted to be a person, a person like everybody else. But as luck would have it, he was born Palestinian.
By Gideon Levy


Sabbar Kashur wanted to be a person, a person like everybody else. But as luck would have it, he was born Palestinian. It happens. His chances of being accepted as a human being in Israel are nil. Married and a father of two, he wanted to work in Jerusalem, his city, and maybe also have an affair or a quickie on the side. That happens too.

He knew that he had no chance with the Jews, so he adopted another name for himself, Dudu. He didn't have curly hair, but he went by Dudu just the same. That's how everyone knew him. That's how you know a few other Arabs too: the car-wash guy you call Rafi, the stairwell cleaner who goes by Yossi, the supermarket deliveryman you know as Moshe.


What's wrong? Is it only fearsome Shin Bet interrogators like "Capt. George" and "Abu Faraj" who are allowed to adopt names from other peoples? Are only Israelis who emigrate allowed to invent new identities? Only the Yossi from Hadera who became Joe in Miami, the Avraham from Bat Yam who became Abe in Los Angeles?


No longer a youth, Sabbar/Dudu worked as a deliveryman for a lawyer's office, rode his scooter around Jerusalem and delivered documents, affidavits and sworn testimonies, swearing to everyone that he was Dudu. Two years ago he met a woman by chance. Nice to meet you, my name is Dudu. He claims that she came on to him, but let's leave the details aside. Soon enough they went where they went and what happened happened, all by consent of the parties concerned. One fine day, a month and a half after an afternoon quickie, he was summoned to the police on suspicion of rape.

His temporary lover discovered that her Dudu wasn't a Dudu after all, that the Jew is (gasp! ) an Arab, and so she filed a complaint against the impostor. Her body was violated by an Arab. From then on Kashur was placed under house arrest for two years, an electronic cuff on his ankle. This week his sentence was pronounced: 18 months in jail.

Judge Zvi Segal waxed dramatic to the point of absurdity: "It is incumbent on the court to protect the public interest from sophisticated, smooth, sweet-talking offenders who can mislead naive victims into paying an unbearable price: the sanctity of their bodies and souls." Sophisticated offenders? It is doubtful that Dudu even knew he was one. Sweet talk? He says that even his wife calls him Dudu.

The court relied, as usual, on precedents: the man who posed as a senior Housing Ministry official and promised his lover an apartment and an increased National Insurance pension, and the man who posed as a wealthy neurosurgeon who promised free medical care and other perks. Dudu had nothing to offer but his good name, Dudu, and still his fate was sealed, just like those who promise apartments and perks. Not only fraud, but rape, almost like the convicted serial rapist Benny Sela.

Supreme Court Justice Elyakim Rubinstein had, after all, defined the test of conviction for rape on "false pretenses": "if in the view of an ordinary person this woman would have agreed to have sexual relations with a man who did not have the identity he invented."

In tune with the public, Kashur's judges assumed, rightly, that the woman would not have gotten into bed with Dudu were it not for the identity he invented. She also might not have gotten into bed with him if he had told her in vain that he was available, that he was younger than he really is or even that he is madly in love with her. But people are not prosecuted for that, certainly not on rape charges.

Now the respected judges have to be asked: If the man was really Dudu posing as Sabbar, a Jew pretending to be an Arab so he could sleep with an Arab woman, would he then be convicted of rape? And do the eminent judges understand the social and racist meaning of their florid verdict? Don't they realize that their verdict has the uncomfortable smell of racial purity, of "don't touch our daughters"? That it expresses the yearning of the extensive segments of society that would like to ban sexual relations between Arabs and Jews?

It was no coincidence that this verdict attracted the attention of foreign correspondents in Israel, temporary visitors who see every blemish. Yes, in German or Afrikaans this disgraceful verdict would have sounded much worse.

CAIRO // Egyptian men married to Israeli women face being stripped of their citizenship after a landmark ruling on Saturday by the Supreme Administrative Court.
The case for [Egyptian] men married to Israeli Arab women is different to those married to Israeli women of Jewish origin because [Israeli Arabs] have lived under Israeli occupation,” Mr el Husseiny said in his ruling.

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.”

shafique wrote:Do you think that a Jew sleeping with a Muslim woman would be put in jail under the Israeli legal system? You say you 'doubt it' - but, with all due respect, what are you basing your opinion on?

shafique wrote:Has a Jewish man been convicted of pretending to be an Arab to bed an Arab lady?

shafique wrote:It is inconceivable that the UK or US would put someone in jail because of a lady's racist attitude, after she entered into a consensual act but thought the man was of a different race/religion to what he actually was.

"If she hadn't thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have cooperated," Judge Zvi Segal wrote in his verdict. Segal said the court had to protect the public from sophisticated criminals who could mislead innocent victims.

shafique wrote:You're not seriously going to tell me that the Israeli courts will imprison a Jewish married person on rape charges if he tells a lover he is single.

Flying Dutchman wrote: Obviously the woman has a problem with se.x with somebody of another religion/ethnicity.

Obviously the woman has a problem with se.x with somebody of another religion/ethnicity. I believe the same applies to the majority in the region, or are Muslima's now allowed to marry infidels?

Racism is the byproduct of the isolationism that is Israel's preferred form of regional interaction – it is the sniffy neighbour of the Middle East. The ban on travel to most Arab countries is of no consequence to the majority of Israelis, who could not be less interested in the region

High Court of Justice releases Saber Kashour from house arrest; Arab man convicted of raping Jewish woman he lied to.

Kashour met the plaintiff in Jerusalem in September 2008 and proceeded to have sex with her within 10 minutes on the roof of a building, afterward leaving her there naked.

The judges in Kashour's trial ruled that he showed fundamental human indifference to his victim, and sentenced him to 18 months in prison in a plea bargain.

The High Court of Justice ruled Tuesday that Sabar Kashour, convicted of rape after telling a woman he slept with that he was Jewish and single, should not head to jail just yet.

The court said Kashour's sentence should be put off for the time being, and also released him from house arrest.

Justice Asher Grunis ruled that "the possibility that the appeal would result in a mitigated sentence should not be discounted, thereby accepting the position presented by Kashour's attorney.

Kashour was convicted after telling a Jewish woman he was a single Jewish man interested in a serious relationship, even though he is Arab and married.

Kashour met the plaintiff in Jerusalem in September 2008 and proceeded to have sex with her within 10 minutes on the roof of a building, afterward leaving her there naked.

Court postpones jail term for Arab convicted of rape by posing as Jew
...
When the woman found Kashur was not a Jew but an Arab, she filed a complaint that resulted in charges of rape and indecent assault.

Palestinian Says:
July 21st, 2010 at 5:27 am

Israel most likely convicted him because of racism but you know what? He deserves it. Shame on him a million times for doing this. He deserved to be humiliated for participating in sex outside of marriage especially in this way. I dont feel a bit sorry for him, there are thousands of Palestinian men, women and children who are jailed in zionist prisons for refusing to accept to be humiliated and opressed or in other cases for simply being Palestinian.

Anyhow, i hope this incident and humiliation has caused him to repent so that he will refrain from doing such actions again.

As for the girl, she seems very confused, why go to bed with a person you have known in 15 minutes and then complain about him lying? is this a joke? Hope she as well has learned a lesson from this.

As for this Palestinian guy, I can’t support a guy who is deceptive fornicates(zina) yet its interesting that the “israeli state” considers it rape(a very Talmudic definition considering how lowly us Goyim are) yet would be ok with two Jews fornicating? Such Chutzpah.

DrM Says:
July 22nd, 2010 at 2:55 pm

@Beautiful Muslim doll,

I don’t want to make this about “Lawrence,” but your assessment is incorrect. It’s a secular analysis like Chris Hedges’ which gives Evangelicals more pull then actually have. Evangelical Christians are no friends of the Muslim community considering Islam to be the “anti-Christ,” however they do not use language like “Arab animals.” Nor are they a majority. As organized as they are, most Americans are NOT Evangelicals, they may be Christofascists but they have no problems accepting converts from Islam, and want to preach their gospel to Muslims. Yes they are war mongers, fascists and worse but they don’t pretend to be Jews(minus the “Jews for Jesus” crowd). The proper term is “Shabbos goyim.”
Judeofascists like “Lawrence” consider Arabs(and Armenians in the past) to be “Amalek” the latest incarnation of their enemy which they believe are the progeny of Eve and the Serpent. Yeah I know it’s insane but this is what they believe. They also use Sabatean methodology which sanction them to pretend to be members of other religions or atheists while keeping a strong pro-Zionist line like Geert Wilders, AtaTurd, Talat Pasha, Stephen Schwartz, Sarkozy etc.

Beautiful Muslim Doll Says:
July 22nd, 2010 at 2:24 pm

“israeli state” considers it rape(a very Talmudic definition considering how lowly us Goyim are) ”

You mean to say that Christianity which sees all as condemned to hell unless they believe in their man deity, cannot possibly be Laurences religion? American Christians were a majority when they sanctioned slavery, because they thought the non Christian was nothing, that is why torture was rife. That is why Crusades were common, and that is why Christiantiy’s history has been blood filled, and genocidal.

A belief in a man god that forgives all sins is way worse than Jewish extremists who consider goyim lowly. So do Muslim extremists for that matter.