An Arab resident of Jerusalem who had consensual sex with a woman who believed him to be Jewish, was convicted yesterday of rape by deception and sentenced to 18 months in prison by the Jerusalem District Court.
Sabbar Kashur, 30, was convicted as part of a plea bargain. According to the indictment, Kashur met the complainant in September 2008 in downtown Jerusalem, presenting himself as a Jewish bachelor looking for a serious romantic relationship.
The couple then went to a nearby building and had sex, after which Kashur left the building without waiting for the woman to get dressed.
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.
In the verdict, deputy president of the Jerusalem district court Tzvi Segal, along with fellow judges Moshe Drori and Yoram Noam, wrote that although this wasn't "a classical rape by force," and the sex was consensual, the consent itself was obtained through deception and under false pretenses.
"If she hadn't thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have cooperated," the judges wrote.
Segal further wrote that this was not a case to be resolved by having the convicted defendant undertake community service, as was suggested by the defense team in the plea bargain.
Protecting the public interest
"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," Segal wrote.
"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 tolerable and symbolic price," he wrote.
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