En 30 år gammel palestiner er dømt til 18 måneders fengsel for å ha hatt samleie med en jødisk kvinne på falske premisser. Sabbar Kashur kalte seg «Daniel» da han traff kvinnen å gata. Kvinnen reagerte da hun fikk vite at han var palestiner. Nå har en domstol dømt ham for voldtekt. Flere jurister reagerer på dommen.
En ting er at kvinnen følte seg lurt, og hadde en dårlig følelse, noe helt annet er at retten går inn og dømmer en mann for voldtekt i det som var et frivillig seksuelt samkvem. Det er juridisk meget tvilsomt.
A court in Jerusalem has made international legal history by jailing Sabbar Kashur, a 30-year-old delivery man from East Jerusalem, for 18 months.
He was convicted of «rape by deception» following a criminal trial that has drawn criticism from across Israel.
The court heard accusations that Mr Kashur misled the woman, whose identity has not been disclosed, by introducing himself with the traditionally Jewish name during a chance encounter on a street in central Jerusalem in 2008.
After striking up a conversation, the two went into a top-floor room of a nearby office-block and engaged in a sexual encounter, after which Mr Kashur left before the woman had a chance to get dressed. It was only later that she discovered Mr Kashur’s true racial background, lawyers said.
Although conceding that the sex was consensual, district court judge Tzvi Segal concluded that the law had a duty to protect women from «smooth-tongued criminals who can deceive innocent victims at an unbearable price»
«If she hadn’t thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have co-operated,» Mrs Segal said as she delivered her verdict.
A conviction for rape by deception on the grounds of racial misrepresentation is believed to be internationally unprecedented, according to British legal experts.
I arabiske land kan en ikke-muslim bli dømt for å ha hatt sex med en muslimsk kvinne, men ønsker Israel å bli stilt i samme kategori? Israel er kjent for å ha et rettsystem med høy standard.
Israeli legal experts said they found the verdict disquieting.
«In the context of Israeli society, you can see that some women would feel very strongly that they had been violated by someone who says he is Jewish but is not,» said a former senior justice ministry official.
«The question is whether the state should punish somebody in that situation. It puts the law in the position of what could loosely be described as discrimination. I would feel intuitively uncomfortable about prosecuting someone for something like that.»
Asked whether his client was the victim of racial discrimination, Mr Aladdin said he «would rather not comment». Others, however, were scathing.
Gideon Levy, a leading liberal commentator, said: «I would like to raise only one question with the judge. 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.»
Palestinian jailed for rape after claiming to be Jewish
A Palestinian man has been convicted of rape after having consensual sex with an Israeli woman who believed he was Jewish because he introduced himself as «Daniel»