When Rape Isn't Rape

April Peveteaux
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rape conviction for palestenian man is wrongIn Jerusalem last week an Arab man was convicted of rape, completely trivializing rape victims everywhere.

Palestinian Sabbar Kashur (nickname Dudu -- which is how the case is made) was a deliveryman for a lawyer's office in Jerusalem. While on a delivery run two years ago, he met a young lady and introduced himself as Dudu, and they had some afternoon delight.

Later, the Jewish woman discovered Kashur was not actually Jewish. She believed he was since he went by Dudu, a traditional Jewish nickname. She filed a complaint when she discovered he was actually Arab, feeling she was violated.

The judge in the case sentenced Sabbar to 18 months and -- here is where it gets incredibly ridiculous -- offered his opinion as well:

"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."

So many things are wrong with this statement, the least of which is assuming women are naive victims who are taken advantage of sexually, even when they consent. More importantly is the precedent that misleading anyone in any manner, then having consensual sex, can land you in prison.

Ever lied about your age? Your income? Your interest in a long-term relationship with the person you're about to bed? Or simply omitted any of this information? That would be rape.

Of course there's the xenophobia that is really at the heart of this conviction. God forbid an Israeli woman has sex with a Palestinian. She MUST be protected from such a travesty. Perhaps not jumping into bed with a hot guy on a scooter would offer some protection, as you might actually get to know the man you're having a one-afternoon stand with instead of being shocked to discover his ethnicity at a later date.

Don't get me wrong, I'm not anti-one-night stand. I'm anti-bigotry. If you're going to be one, you'd better be prepared to perform due diligence on every person you come in contact with so you know exactly whom to shun, and whom to accept. That's on you, not the courts. Unless of course, you have a judge who is just as much of a bigot as you are.

Do you think Sabbar Kusher (Dudu) should have been convicted of rape?


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