Freedom Bulwark | Evil triumphs when good people do nothing

A Palestinian man was convicted of rape after having consensual sex with a Jewish woman who believed he was Jewish as well. Thirty year-old Sabbar Kashur met the woman in downtown Jerusalem in September 2008, introducing himself as a single Jew. Later that night they had sex. When the woman discovered he was actually Arab, she filed a criminal complaint for rape and indecent assault, later changing it to rape by deception through a plea bargain. Kashur argues, "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." Still, for almost two years Kashur has been under house arrest. On Monday, the judges sentenced Kashur to eighteen months in jail. While they acknowledged it was not a "a classical rape by force," they argued, "If she hadn't thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have cooperated...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." This is not the first time an Israeli court has convicted a person of rape by deception. Al-Jazeera reports that in 2008, Israel's High Court of Justice convicted a man who impersonated a housing ministry official and promised women apartments in exchange for sex. Abeer Baker, an attorney for the Arab rights group Adalah, claims the recent verdict is based on discrimination, arguing, "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." In addition, Israeli commentator Gideon Levy asks, "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." Elkana Laist of the Public Defender's Office argues that the verdict sets a dangerous precedent. "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." On the other hand, Dana Pugach, head of the Noga Center for Victims of Crime, argues, "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." http://www.care2.com/causes/human-rights/blog/palestinian-convicted-of-deceit-rape-after-lying-about-being-jewish/