Gilad Atzmon: As we know the Mossad’s motto is ‘by
way of deception, thou shalt do war.' However, as far
as Palestinians are concerned, fibbing is not allowed
. The Guardian reported today that a Palestinian was
found guilty of rape after ‘consensual sex with Jew”
A Palestinian man has been convicted of rape after
having consensual sex with a woman who had believed
him to be a fellow Jew.
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.
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.
The sex therefore was obtained under false pretences,
the judges said. "If she hadn't thought the accused
was a Jewish bachelor interested in a serious romantic
relationship, she would not have cooperated," they
added.
The court ruled that Kashur should receive a jail term
and rejected the option of a six-month community
service order. He was said to be seeking to appeal.
Segal said: "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 –
actual and potential – to protect their wellbeing.
Otherwise, they will be used, manipulated and misled,
while paying only a tolerable and symbolic price."
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."
Arabs constitute about 20% of Israel's population, but
relationships between Jews and Arabs are rare. There
are few mixed neighbourhoods or towns, and Arabs
suffer routine discrimination.
Israeli MPs are considering a law requiring
prospective Israeli citizens to declare loyalty to
Israel as a "Jewish, democratic state". Many Arabs
would balk at swearing allegiance to a state which
they see as explicitly excluding or marginalising
them.
Dan Meridor, a deputy prime minister in Binyamin
Netanyahu's government, is opposed to the proposal.
"Why does every bill need the word 'Jewish' in it – to
show the Arab citizens that it doesn't belong to them?
Then we're all shocked when they radicalise their
stance.
"The majority doesn't need to remind the minority that
it is in fact a minority all the time," he added.