Rape by deception?

Here’s an interesting philosophical quandary:

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.

Is this really rape? In my opinion, no. To attach the word “rape” to things that are not actually instances of forced intercourse is disrespectful to people who actually have been raped.

We can get into semantics when it comes to things like statutory rape, but that’s a different issue. What we have here are two consenting adults who had sexual intercourse, with one of them under the false impression that the other was of a particular ethnic group.

I’d agree that the man is guilty of fraud (and that the woman is guilty of bigotry). But if having sex with a guy that lied to you is rape, then just about every man on earth would be in prison right now.

3 thoughts on “Rape by deception?

  1. “What we have here are two consenting adults who had sexual intercourse…”

    The question here is what the two adults, specifically the woman, had consented to. She had consented to having sex with a Jewish man. He was not; thus, the act was outside the scope of her consent. Is it rape? Yes, because it is outside her consent. Is it forcible rape? No, of course not. You’d be surprised at how small the percentage of forcible rape is to other forms.

    • So does that mean that any woman or man who convinces a person to have sex with them under false pretenses is committing rape? Think about it. If I tell a woman that I’m a doctor instead of a stock clerk and she sleeps with me, should I go to jail? If a woman dyes her hair blonde when she’s actually a natural brunette and convinces me to sleep with her, should she face rape charges? Should she then be placed on a list of sex offenders, as is commonplace with rapists (even those that don’t commit forcible rape)?

      My contention still stands that accusing someone of rape on the grounds that “I thought you were X, but you’re actually Y” is not reasonable, feasible, or warranted. It attempts to equate a simple case of poor judgement to real rape, which is a great disservice to anyone who’s had to go through an experience like that.

  2. And the dirty bastard is married (like how you left that part out!). What a deceitful person. He definitely deserves to be charged with rape, incest and anything else they can throw at him.

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