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 Tags: Israel newsSabbar 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?
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Palestinian Sabbar Kashur, who was convicted of raping a woman after impersonating a Jew |
| Photo by: Emil Salman |
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.
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The guy is a liar, an adulterer and probably a general scumbag. The notion that he was trying to be a human being like everyone else is laughable.
If Israeli courts are going to apply "seduction by deception" standard literally, they would have to apply the same standard to all jewish men who pretend to be available and looking for serious relationship/marriage, including most of the folks on JDate and all the married men looking for something on the side. That would probably account for half the male population.
Try (almost) all men! There is an old truism in couples therapy circles. There are two types of men in this world; those who admit to having dalliances, and those who lie!
This is reminiscent of the Old South in the USA. Black people were considered inferior or non-human. Sex with a white woman was worthy of imprisonment or death. In Israel, Arabs have become the inferior people spat upon by Israelis.
at a verdict defending "racial purity", from a people who has suffered similar discriminations in the past.
I guess one can take this "deception" and "identity invented" claim to it's logical conclusion. I want my money back from all the movies I watched with stars who I thought were Christians but were Jews who changed their name and entire identity. Do I need to list them all? Not enough storage space at this server I'm sure. There was definite deception there, Jews who changed their name to Christian names to get my money. Therefore, to follow the logic of this ruling, I feel I was deceived and defrauded. It was under "false pretenses" that I watched such movies.
Mr Levy, this one really takes the cake, oh boy, did it just.!!
Suddenly it is a matter for the court and criminal law ? As a woman I am surpriced. The core of this action is lying, pretending, hiding, doing the act in secrecy, expressing smooth words without real substance.. If a man is guilty by law of lying to get in bed with a woman, then the Israeli courts should put the majority of men in prison! For sure it is not rape. The verdict is outragous.
now what if a child was born. Normally it would be a Jewish child, being born from a Jewish mother. Due to this verdict the child would now have a posteriori the Mamzer (bastard) state ? Can someone shine me a light?
What sort of human lies about being married and cheats on their spouse for some quick enjoyment? So he is a pretty bad piece of work as a human being it would seem with little hope of ever being a good human being. Impersonating one maybe as far as he'll ever go.
I agree that accusing him of rape is taking the matter too far, but the guy did choose the name Dudu to conceal his Arab origin and so that he could meet Jewish women. As sad as it is, there is friction between Arabs and Jews and changing his name from Sabbar to Dudu was deceptive and misleading (altough I agree that he shouldn't face imprisonment for rape). It's not about racial purity or "don't touch our daughters", as claimed by Gideon Levy, and the guy wouldn't have been convicted if he would have told her from the start that he was an Arab. It's about being truthful, even if that could ruin ones chances of cheating on your wife with a Jewish woman.
As far as I understand, the women isn't raped. The Israeli law forbid non Israeli to have a relation with a Israeli. In that case you can compare it with white and black, 50 years ago in South Africa. About cheating his wife, I think a lot of Israeli politicy do the same.
I don't know where you get your information from, but there is no Israeli law that forbids non Israelis to have a relations with Israelis. Anyways, what that this have to do with anythings?! As i said, he shouldn't have been imprisoned for rape, but he should face punishment for impersonating someone he is not. Why not stick to the name Sabbar. There are enough Israeli women that don't care to hook up with an Arab....
What kind of loose and immoral woman engages in horizontal negotiations with a man before verifying his religion, ethnicity, bank balance, marital status, political affiliation, profession, favourite food, favourite colour and star sign? This woman is way too impulsive and should be locked up for her own as well as society's protection.
Someone in the USA converts to Judaism. He then makes a new life for himself in Israel and - gosh!, wham-bamm thankya' ma'am - manages a little horizontal folk-dancing with the fair ladies. Then the rabbinate decides that this dude's conversion wasn't *actually* kosher, even tho' *he* certainly believed that it was. Has the rabbinate just turned this dude into a vicious rapist of Jewish women, or hasn't it?
She never asked him if he was jewish, racist as she is she took it for granted. The real racist is the judge who does not merit to preside a courtroom
This guy did something disgusting to his poor wife...lock him up and throw away the key.
No (sane) man would say something so ridiculous; this has to be sarcasm. Arab or Jew, gay or straight - men want tail - period
This reminds me of the American South during Jim Crow times until about 50 years ago. It would not only be chilling in German or Afrikaans, but also southern English--and just as floridly sensationalized.
I think this guy is wrongfully imprisoned, he is not a rapist, he is a liar and a cheat. If we can go to prison for that, we would all be in prison. If I were him, I would sue the judge for what he has done to him. The same happened in the case of a transsexual (male to female) who was jailed for "rape". Both are wrong. However, what has happened to the left in this country and its ability to weave stories in such a self-righteous annoying way. This is a case of racism and abuse of justice system. The emotive condescension as if we are all guilty has to stop.
As a leftist lawyer, I can tell you my complaint and the complaint of fellow leftists is that the law is bad (i.e. fraud in inducement is a civil matter, not criminal) and it's application is related to the idea of race being central to the heart of the matter of a sexual agreement. Race and racism are relevant in Israel, which is an ethnocentric state. It's not "weaving", it's called reason. If you're upset that the Left has reason, then join your dossim brothers burning dumpsters against Google.
"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?" No, Mr. Levy, of course not: he would've been lynched by the Arabs beforehand.
Anything other than your delusional paranoia? Jews and Arabs have been marrying for years. I can only assume you've never lived in Israel, or if you do, you live in a plastic bubble.
In Egypt an Arab man gets stripped of his citizenship if he marries a Jewish girl. Do you really think there would be no consequences if a Jew posed as an Arab. I don't even agree with the jailing but facts are facts. Why don't you step out of your plastic bubble?
Such a law doesn't exist. You're either brain dead or a liar.
No amount of PC apologia changes the facts. she wanted a long term relationship he got sex by pretending thats what he was after then ran once he satisfied himself
long-term relationship and not delivering should be prosecuted?
Not the same as breaking of If if things do not work out He wanted what he got and misrepresented to get it Consensual sex needs valid consent even if you are doing it with the descendent of pigs and monkeys
Over half the world would be in jail if this was the normal punishment and that's a verrrrrrrrryyyyyyy conservative estimate. And what about the totally monogamous used car salesmen and crooks? Or is lying through your teeth to sell a car or rent out an apartment not the same?
Announcing to the unprotected population of Israel that I am not jewish, just in case.
single and successful dentist in order to bed a desperate single woman whose biological alarm clock is about to go off... can she also scream rape when he doesn't call her the next morning?
Immigrants in the new world, and that's nearly everyone in North, Central, and South America are encouraged to integrate, to assimilate into the their new worlds. Immigrants in their attempt 'to fit in' will do almost anything to be acceptable to their hosts, including learn English or Spanish, take correct pronunciation classes if they can afford it. And of course Englisize their name, or even change their names to an English name. The millions of immigrants to the Americas over the decades could all possibly be in jail by now if immature Israeli laws were ever contemplated in the new world. I think Israel needs to learn from the history of successful empires, whether they be 600 years of the Roman Empire, or 400 years of the Anglo-Saxon Empire. The key to their survival was the offer of integration, assimilation and citizenship of the people they ruled. This kind of mature and wise policy has led to relative peace and harmony within the empire. If Israel is to rule successfully over the peoples it happens to dominate, they should really take a page out of the history of Roman and English Empires. With this kind of wisdom, Israel has a good chance of surviving for as least as long as the English and Roman Empires, maybe even longer if they truly learn the secret of tolerance
if this goes on, every woman who goes into the sack with a guy will have a reason to charge a man for rape. he certainly isn't the first guy to lie to someone to get a women into bed, and certainly not the last. a prison sentence is way too much and completely illegitimate on every level. half of the male population of the world should be incarcerated on this basis. RIDICULOUS. free him, or he will be used as an example to convict more innocent people who think with their penis.
Imagine a very very light Afro American claiming he/she was white having consensual sex with another and then being accused of rape on the basis that she/he lied concerning racial origins. It wouldn't hold up in court one instant. The entire situation is absurd.
She shouldn’t be racist (in other countries, she would be charged for that). He shouldn’t have lied (even if life is so hard for a Palestinian in a country ruled by Jews). Jewish judgment should be set on a sincere, honest base (but it’s been biased long ago). Palestinian shouldn’t have refused the Jews return to the Land. Jews shouldn’t have entered in the Land without the Palestinians approval, with weapons as a pillaging People. The Nazis shouldn’t have done what they did to the Jews (because Christians have no right to act so and because by doing this, they urged the return of the Jews to the Holy Land). The Jews shouldn’t have been so arrogant and scornful regarding to haGoiim. Moslems and Christians shouldn’t have shed blood to spread their religion. The Christian Church shouldn’t have returned to pharisaism. Jewish People shouldn’t have refused Jesus restored commandments of God’s Law and chosen the deformed version of the Old Testament spread by the Pharisees and so, they could have staid in the Holy Land forever maybe and the whole world wouldn’t be up-side down. Did you notice that on this crazy world maps, even North (shadow) is up and South (light) is down? Isn't that opposed to scientific laws?
G. Levy asks : "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 ? " --> Maybe he woudn't be, but he should be ! Such a lie is very important in the context of the israeli-palestinian conflict, even if a few Jews and Arabs can make love and/or love each other. Such a lie isn't like saying you're richer than you are, etc... A person considering too much the other's money to choose his/her partners isn't worthy to complain about such a lie. But the national identity, when there's a long-term existential war between two nations, that's another story ! Many people died defending the rights of their own people, and untill now there is hardly any hope to reach peace ! Therefore no one should play and lie like SK.
I live in Israel and am not Jewish. If I want to date someone, the first thing I do is to tell the person that I am not Jewish. I do this out of respect. It has nothing to do with racism. NOTHING. It's called respect for religious beliefs. There are many Jewish women that do not have a problem dating, marrying a non-jew. It happens every day. I suspect that "Dudu" pretended to be Jewish to get a women into bed.Is that so surprising? Many would say that he is being punished for betraying his wife. You play with fire.....
I also live in Israel and I am not jewish. Sometimes, when people ask me if I am jewish (and, oooh, they ask) before they even ask my name, I tell them I am half hindu and half gipsy, cause I believe religion is an very intimate info and it is nobody business, except for official reasons. Otherwise, we open space all over the world for people to sue others for not declaring their religious status before anything. "hello, I am a jew, and I came to apply for the secretary job" and "Hi. I am a christian, do you mind if I take your daughter to the movies?" If she assumed he was a jew cause his name is 'Dudu', and ran to bed with him, and did not checked the dude, running to a nearby building to have sex with a semi-stranger, whose full name she did not know, too bad for her. She should be actually vey glad cause he is an arab, not a serial killer, otherwise, knowing how easy it is for people to cheat on her, she would be now in 25 pieces in a freezer.
and should be be arrested and imprisoned?
In the good old days, in South Africa - "Coloureds" who posed as "Whites" were also dealt with in this manner! Until that terrorist Mandela showed up!
Jew and Arab are not binary opposites. Jew and Moslem are, Arab and Israeli are, why match a religious cultural identity (Jew) with an ethnic-national one (Arab)? Anyway predjudice is broader than racism, which is a sub category thereof - things like homophobia and mysogyny and religious enmity are not racism although they may involve fear and predjudice...perhaps because Mr Levy is not an English spaker he uses the word racism indiscriminately, unaware of the resonances it has in completely differnt contexts, such as South Africa, my ex country, and a land where public debate is marked by extraordinary levels of self - deception
If deceit to get someone into bed = rape, then I look forward to the first time a man claims he was misled by a woman to get him into bed. The judge clearly didn't think of all the consequences of his ruling. The judgement needs to be overturned sooner rather than later.
So what next ? A guy accuses a woman of rape because he thought her breasts were natural and she lied about it ? Or because he thought she had an interest in motorcars and football while in fact she was just pretending ? The other case was different because the culprit promised to give the victim housing benefits. When you promise a job, money or whatever to someone, especially someone in need, and fail to deliver, it is of course a form of rape.
israeli guy trying to have sex with foreign women in Tel Aviv or Jerusalem bars, pretending to be single when they're married and with kids: it happens EACH SUMMER. Can I now sue the guys and make sure they spend 18 months in prison for lying to me?
that is the law. why try to be funny and/or stupid? none of these laws are racist. just because he lied about his RACE was the reason. it is the LIE that got him convicted, not the fact he was arab. it is funny this is made into a racist thing. everyone can exploit the law. here it does not discriminate based on race. shame on mr. levy (again) for not putting this into perspective.
There was a case years ago of a transsexual (man to women) who was charged with "rape" after sleeping with a guy and not telling him she used to be a man. They are both Jews- it has nothing to do with race. It has to do with misrepresenting yourself to get sex. HOWEVER, I believe this law is wrong on all levels and should be struck down by the supreme courts. As they say: "let the buyer beware".
The existence of such a law is already outrageous. But the interpretation is racist. Mr Levy puts it in a perspective that this law is not usually exploited because in other context it would be ridiculed, courts would reject it. Apparently only when there's a minority, either a transgender or a muslim involved law is applied. This is the problem.
open your mind and your eyes!! if a man told a woman (and note the analogy only seems to work with men being the perpetrator) that he was 28 years old when in fact he was 30, would that be rape by deception? You are engraining racism in your laws (already rampant) by elevating deception about race to a legal approbation. if a jewish man lied to a christian woman in the US and was convicted of rape you'd be furious, and we'd be with you. BTW, did the "victim" stress how important it was to her that he be jewish? That seems crucial to me in determining thata "reasonable" woman would not have had sex with him put for the deception. bah! the words foul my tongue. israel, already sinking in estimation, has taken a huge step backwards
That a Palestinian woman marrying a Jewish man is forbidden by custom. She is considered to have shamed the family and her family is able to kill her for the offense. Is that cultural apartheid? Just racism? holding on to ones culture? I love how the far left is looking for a new South Africa to embrace and found it in Israel yet ignores the same racism in Arab-Palestinian culture.
This smells of racism and... stupidity. If this woman was serious about getting married, she would had asked to be introduced to the guy's "Jewish family" before getting into his bed.
our judges are surely building the second Teheran in Israel. Any Taliban kadi would be proud of this verdict
Does this now mean that any man who makes promises to a woman; has sex with her and then goes back on his word is a rapist. Will he be prosecuted and jailed. I think not. There was no rape - "only" racism.
Totally agree. This was the first thing I thought about when I read the article.
What many do not know, is that in the online-dating game (specifically in the homosexual world) and in all sexual encounter, almost no one ever provides the true details regarding their identity, but instead provide a complete slew of lies. Does that mean every person who gets online seeking sexual encounters may file with the police for rape? does anyone who pose for a fake identity expect 2 years in prison? why isn't anyone saying that the woman lied about her identity when she did not clearly state to him that she hated Arabs/ that she was a racist?
1. This woman slept with this man free and willing 2. If there was ever love , true love, on the part of this woman she would not care if he was Jewish, Muslim or Christian. 3. So there was no true love ... this woman just wanted a Jewish husband ... did not take her time to find out more about this guy, meet his family, etc ... but decided immediately to jump in bed with this him ... If this man is guilty of pretence then this woman is as guilty as well - Pretence of love and stupidity
I dont think she pretended being stupid...
The court used to be the bedrock and the judges the cedars. But now that the law is interpreted hyssop tall the fires will catch fast.
Because in order to practice the racism it does now, it would have to written into it, which would reveal Israel's true nature to the international community - which would in turn completely remove the pretty little picture its painted of itself. Much easier to administer its racist values through the courts, which allow it to veil them, to some degree, in the obscurity of individual cases.
It is rare when I agree with Gideon on a matter, but I must say I do not see how this is rape if it was consensual. If they want to pursue this law against all Israeli men who lie to have sex that is one thing, but if they are singling out an Arab to make an example that is wrong and arguably discriminatory.
'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." ' Do you have a problem with this definition? Or the fact that the court in this case followed it? Do you have a problem with precedent? Do you have a problem with a woman choosing with whom she has sex?
Yes, I have a problem with this definition. Yes I have a problem with the court in this case following it. Yes I have a problem with precedent as I think it should be far more aware of context instead of being so broad ranging. I don't have a problem with a woman choosing who she has sex with. Which this woman did. She chose to have sex with someone who turned out to be lying about their personal history. Sounds like almost every plot of "Friends", only with the unlikely addition of a rape conviction.
Consensual sex is exactly that - his assumed name didn't change WHO he is. Her promiscuity is just as much to blame as his misrepresentation of his - obviously indistinguishable - race. It was him she "chose" to have sex with, and now HE pays the price for HER indiscretion. If she was so concerned about not sleeping with an Arab, she shouldn't be so willing with nothing more than someone's word.
Yes, I have a "problem" with - the definition: An "ordinary person" may very well discriminate, so that's not an appropriate standard here. Besides, we may all create our own identities, there's nothing wrong with that in itself. It's only wrong if we commit a crime doing so... but this definition makes it a crime even to create our own identities! - the fact that the court believed this definition fit the case. - with "just following" precedent, yes. If a court thinks that a precedent is wrong, it should not follow it. Everything else is not democracy (sorry to all you case law believers!), but just believing that a higher hierarchy has the right to prohibit your opinion. A lower court will be overruled by the higher court, fine, but they should voice dissent to show if the higher court is backed by others' opinions or not. - with a woman who first chooses to have consensual sex and then sue him because she believes he's of the wrong race. Yes, I have an enormous problem with such racist behavior. This woman should be sued for a hate crime. *That* would be reasonable. And yes, finally, I simply have a problem with undermining the term "rape" by defining that any such misrepresentation + sex = rape. That's a hit in the face of actual rape survivors. Call such misrepresentation fraudulent or whatever. Is it illegal? Maybe, in rare cases (though not here). Anyways, it's just not rape.
She found him cute and lovable, and the minute she finds out he's not a Jew she feels "raped" ?? Come on, if she was really obsessed with religion, she would marry an Orthodox and lead a conservative life, she'd not have sex without being married.
It can't be, can it. I've often wondered why in Europe calling someone a dirty Jew is punishable and in our so-called democracy, calling someone a dirty Arab, which, after all, is what this judgment does, is perfectly legal.
... a helmet from an anteater? She had the last clear chance to avoid this problem.
If a Jewish in say Italy told a Christain lady that he too was Christain, would it be ok to convict him of rape. I think not ! Jewish organisations would be up in arms over it and I think the word "ant-semitism" would be used.
Seems to me , that the the woman only wanted notoriety,.If she was truly horrified wouldn't she have kept it to herself ? I surely would ......