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Man convicted of rape for consensual sex with woman but told her he was Jewish (English)
The following is translated, courtesy of Dena Shunra, from this source: http://www.nrg.co.il/online/1/ART2/134/635.html
Jail time for Arab who impersonated a Jew and raped through fraud
A court sentenced a resident of East Jerusalem who lied to a young woman and told her that he was Jewish in order to have sexual relations with her to a year in a half of prison time. “Protect the public from such criminals.”
By Shmuel Mittelman, 19 July 2010 14:38
Sabar Kashour, a young man from East Jerusalem, was sentenced today (Monday) to 18 months in prison after having defrauded and thereby raped and committed indecent acts upon a Jewish young woman, who only yielded to him because she thought he was a Jew. Additionally, the judges – Deputy Presiding Justice Zvi Segal, Moshe Dror, and Yoram Noam required Kashour to pay the complainant financial compensation amounting to NIS 10,000.
The prosecution representative, Adv. Daniel Vittman, argued that Kashour had indeed carried out his plot without the use of force, but that he had dissipated her ability to object to his actions by means of the false representation about his personal situation – [claiming that he was] a Jewish bachelor interested in a significant romantic relationship. In this way he abused her desire for a deep emotional relationship, which was the only reason that she agreed to have sexual relations with him.
According to the indictment, to which Kashour (30) entered a guilty plea, he presented himself to a young woman whom he met in the center of Jerusalem in 2008 as a Jewish bachelor interested in a significant romantic relationship, despite the fact that he is married.
He invited her to accompany him to a building on Hillel Street. When they came to the top floor, Kashour undressed the young woman and had intercourse with her, with her consent, that had been fraudulently achieved, as stated above. After having carried out his scheme, he departed from the building and left her naked, on the top floor of that building.
“Not a ‘classic’ act of rape”
The prosecution first claimed that the complainant actively and significantly objected to the events, but in the course of the trial the young woman testified that she had agreed to the action because she had thought that the person in question was a Jew. In light of that the indictment was amended, and the defendant was accused of rape and indecent actions by way of fraud.
Kashour accepted partial responsibility for the crimes of rape and indecent actions, but claimed that the deeds were carried out with the full consent of the complainant. The Probation Service was of the impression that in the course of his detention the defendant underwent “a process of soul-searching,” and that he was investing effort in living a normative lifestyle. For this reason the Service recommended that a short term of imprisonment, to be served in community service, be deemed sufficient.
Defense Counsel Adv. Adnan Aladin asked that the positive report by the Probation Service be taken into account. He said that this report indicated his client’s “high potential for rehabilitation.”
He asked that “appropriate proportions be maintained” between the actions and the mete penalty, and stressed that Kashour had no criminal record, admitted to the actions ascribed to him and took responsibility for his actions. For this reason he asked that a sentence of six months of community service be deemed sufficient.
Justice Segal stated that there was no dispute about the fact that the defendant had committed the crime of rape upon the complainant. He had admitted to doing so, and this was why he had been convicted, by force of law. “Indeed,” he stressed, “we do not have before us a ‘class’ case of rape – by force – and the indictment initially filed, which had indicated significant objection by the complainant to the actions by the defendant, had been amended further in the proceedings, after hearing her testimony, when it became clear that the actions were indeed carried out with her consent, but that it had been fraudulently obtained, relying on false representation. Has she not been of the opinion that he was a Jewish bachelor interested in a significant
“Basic human obtuseness”
Segal added that the rehabilitation of the defendant did indeed seem accessible and possible, but “with all possible goodwill and intention to meet him part of the way and reduce his punishment inasmuch as possible, I do not believe that this is the case where a prison term can be served in the form of community service.” Moreover, in his opinion serving a prison term does not cancel out existing rehabilitation achievements nor negate possible future achievements.
The judge stated that “the Court must protect the public interest against sophisticated criminals with a smooth tongue and sweet talking, who can lead astray innocent victims at the unbearable price of the sanctity of their bodies and souls.”
He stated that “when the foundation of trust between people falls away, especially in matters so sensitive, intimate, and fateful, the Court must stand firm on the side of the victims – actual and potential – to protect their well-being. Otherwise they will be abused, manipulated, cheated, and the cost will be a tolerable, token penalty.”
Segal further added that: “one cannot know or fully understand what the complainant felt after the defendant left the building, leaving her behind – naked, at the top floor. The realization of the truth after such a deceit cannot be easy; it requires a sturdy spirit and faith in the good things that are still in store, in the future. Having done what he did the defendant displayed basic human obtuseness toward his victim, as if she were only the means to satisfy his desires, and nothing more.”
