A man who had consensual sex with a Jewish woman, falsely saying was also a Jew, has been convicted of rape and sentenced to 18 months in prison. Judges said he had robbed his willing partner of “the sanctity of body and soul.”
The man, a 30-year-old Israeli citizen of Arab extraction, arranged a date with an Israeli woman in 2008.
The pair met in Jerusalem, with the man introducing himself as a Jew seeking a relationship, and the date went well enough for the couple to have consensual sex in a nearby building.
The woman later found out that her partner was not in fact a Jew, and subsequently filed a report of rape and indecent assault against him.
Police charged the man with rape and indecent assault, although he managed to have the charges substituted with “rape by deception” as part of a plea bargain. Even so, judges refused to consider community service and instead sentenced him to 18 months in prison.
Judges reasoned that although she happily had sex on her first date with a man she believed to be a Jew, she would not have touched him had she known he was a mere non-Jew, and so he was guilty of raping her:
“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.
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 – actual and potential – to protect their wellbeing.
Otherwise, they will be used, manipulated and misled, while paying only a tolerable and symbolic price.”
Should not being absolutely truthful at all times during dating really constitute rape, it may be the case that most of the human race is in fact guilty of “rape by deception.”
Of course, there are many Israelis who consider the fact that this case involves a mere Arab daring to have sex with a Jew may also have had no small bearing on matters:
“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.”