JULY 23, 2010 2:21PM

Is THIS Rape?

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Sabbar Kashur, 30, an Arab resident of Jerusalem, was convicted of rape and sentenced to 18 months in prison by the Jerusalem District court for having consensual sex with a woman who thought he was Jewish.

In September of 2008, he met the complainant in downtown Jerusalem, posing as a Jewish bachelor who was looking for a long-term romantic relationship.

Things progressed quite nicely, apparently, as the couple went to have sex in a nearby building. (I guess the idea of a “serious relationship” really got her hot and bothered.) Afterwards, Kashur got dressed and left the building without waiting for his lady friend.

Unfortunately, when his scorned lover found out that he was an Arab and not Jewish, she filed a complaint against him which led to Kashur being charged with indecent assault and rape.

The deputy president of the Jerusalem district courty, Tzvi Segal, stated: “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.

“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 tolderable and symbolic price,” Segal wrote.

While I understand Segal and the court’s decision, and while I agree with it on a fundamental level, there also has to be a level of responsibility placed on both people engaging in sexual activity.

I looked up the accepted definition of rape was to see if this situation truly qualified.

Rape: (Noun)
  1. the unlawful compelling of a woman through physical force or duress to have sexual intercourse.
  1. any act of sexual intercourse that is forced upon a person.


Rape: (Verb-used with object)

  1. to force to have sexual intercourse


By its very definition, the word “force” was used. In the case above, there may have been deceit, but there was no force. Yes, he did lie about who he was. But, she chose to sleep with him. This is a classic example of why you should be aware of who you are jumping into bed with, because when you first meet someone, you can’t take everything that they say as truth. I wish that we lived in a world where everyone could be honest about who they are and what their intentions were, but we don’t live in that world. People are dishonest, at times, and it is no surprise to me that a man would say anything to get a woman into bed. In this case, he lied about being a Jewish bachelor looking for love.

We don’t want to trivialize the true definition of rape or what it means when someone is raped. Rape is a horrible, life-altering act that should be met with swift justice. However, are we going to start throwing anyone in jail for lying to get someone else in bed? They may be scum for being so dishonest, but in my mind, it doesn’t constitute them as rapists.

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Comments

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It seems to me that this conviction trivializes rape.
Maybe we should send them a copy of To Kill A Mockingbird. There doesn't seem to be much difference between the Jim Crow South and modern Israel.
Good piece. thanks for bringing up such a thought-provoking topic.
If the definition of rape changed to using deceit, then almost every person who lied to get another person in bed would be a rapist, which means America would become the rapist country. Bye bye tourist trade. My definition of rape is someone who forces themselves on another person, or drugs another person to have sex. Basically, if the victim does not want sex, then its rape. That woman obviouslly agreed to have sex, so maybe it shouldn't be called rape.