Israeli court jails Arab man for pretending to be Jewish: 'rape by deception'.

[truthforsooth]

Muslum are circumcised too I thought?

Oh maybe - excuse my ignorance.

[Cael]

You've obviously never been a 'pilot'...

I thought the Israelis jailing a man for pretending to be a bank manager said it all. So, the woman who prosecuted him was admitting to be a mercenary gold digger who would decieve a well off man that she loved him, and when she gets a man who will tell her the fantasies she wants to hear - she can send him to jail. Israel really is a warped state.

[Rocky]

It's a crime there to obtain sex by deception. It's a crime in other countries. This man obtained sex by deception. Why are Israel racists for prosecuting that?

Now if you know of similar claims by non-jewish men or women which were ignored by the Israeli authorities then you've got a claim for racism. Right now you've just got "Man convicted of committing a crime in a country."

And we're right back to the point 90% of the threads on the middle east end up, with people just talking about how much they dislike Israelis/Arabs/Klingons.

It's a crime in Ireland, although I don't know if claiming you were from a different race would count as deception. Actually I doubt it would.

[Sync]

You've obviously never been a 'pilot'...

You know I haven't, but funnily enough this guy has:

BBC NEWS | UK | Wales | Pilot denies 'rape by deception'

A Syrian-born airline pilot tricked a woman into having sex with him by saying intercourse could cure an infection, a court has heard.
Fadi Sbano, 38, faces allegations of rape by deception over his relationship with the teacher from Pembrokeshire.

Now it doesn't matter if he promised to cure her of infection or if he swore he was a Christian, or if he swore he was Omar Sharif. He decieved the lady to have sex with her.


The person in this case knew the other person wouldn't sleep with them unless they outright lied about who they were.

I've no issue with a country having laws to prosecute this. What's important is that the law is evenly applied. No one's shown that it hasn't been evenly applied, so I'm not sure how it can objectively be said to be racist.

[NeilW]

I look forward to successfully prosecuting everyone I've ever slept with who promised they would still respect me in the morning.

[Cael]

It's a crime in Ireland, although I don't know if claiming you were from a different race would count as deception. Actually I doubt it would.

How is getting sex by deception a crime in Ireland?

[The Caped Cod]

It's a crime in Ireland, although I don't know if claiming you were from a different race would count as deception. Actually I doubt it would.

It's a whole nuther can of worms but as this case involves two semite people, perhaps a different religion would be more appropriate.

If she'd said she was 26 but was in fact 30 could she be done for 'deception' I wonder.

[Cael]

The person in this case knew the other person wouldn't sleep with them unless they outright lied about who they were.

So, I presume that you would jail every husband who ever lies to his wife about anything bad he has ever done, because he "knows" she wont have sex with him that night if he comes clean?

[sondagefaux]

Actually this wouldn't be rape under English common law. Deception as to actual identity (Sabbar Kashur pretends to be Benjamin Goldstein, the victim's Jewish boyfriend), yes. Deception as to a personal characteristic or quality (Arab man pretends to be Jewish), no.

True, this is the English common law rule:

... the only sorts of fraud which so far destroy a woman’s consent as to convert a connection [sexual act] consented to in fact into a rape are frauds as to the nature of the act itself, or as to the identity of the person who does the act

If you lie about your identity (including professional status where relevant. For example, a person who pretends to be a doctor and carries out a vaginal examination can be convicted of sexual assault) and/or the nature of the sexual act you can be convicted of rape.

However, if you lie about your ethnicity or religion to get someone to have sex with you, then you haven't committed any crime.

To the poster who mentioned transsexuals:

5.31 Even if we did not take that view, the creation of a special rule for transsexuals would risk infringing Article 8 of the European Convention on Human Rights.

The recent case of Sheffield and Horsham v UK concerned two male-to-female transsexuals who complained of the British authorities’ refusal to amend or update the register of births so as to record their post-operative sex. It was submitted that this failure to recognise in law that they were now female constituted an interference with their right to respect for private life. In both cases, the Commission held that there were violations of Article 8. The Court (by a majority of 11 to 9) held otherwise, stating that there was, as yet, insufficient consensus between the member states on this matter. However, the Court considered that the UK had not fulfilled its duty to keep the law in this area under review. In the light of this reasoning we do not think that a rule effectively forcing transsexuals to disclose their original sex to prospective sexual partners could safely be certified as compatible with the Convention, under section 19 of the Human Rights Act 1998.

5.32 At present, on the facts of a particular case, a jury might take the view that, as a result of the transsexual’s failure to disclose his or her original sex, the other person was consenting to something other than what was in fact done. Our general approach would suggest that in such a case it should be open to them to convict the transsexual of indecent assault. However, it seems likely that a court permitting a jury to convict on such grounds would be held to have infringed the transsexual’s rights under Article 8, and the possibility should therefore be eliminated.

5.33 We conclude that an apparent agreement to a sexual act by another
should not be disregarded merely because it is given under the
impression that the other is male whereas the other is in fact female, or
vice versa, where the other has undergone sex-reassignment surgery.

http://www.lawcom.gov.uk/docs/consent.pdf

"Ok" and "legal" are two different things.

It might be a bit sleazy but that doesn't mean it should be against the law.

And let's face it, how many men (and women) would be in Irish jails if such a law were applied rigorously in Ireland?

[Sync]

It's a whole nuther can of worms but as this case involves two semite people, perhaps a different religion would be more appropriate.

If she'd said she was 26 but was in fact 30 could she be done for 'deception' I wonder.

Probably not as it would tough to prove that it would be a barrier.

If for instance though she told him she was a millionaire and knew the man had sworn he would never sleep with someone who wasn't a millionaire, then sure, why shouldn't that be prosecutable? I've no issue with it in principle. I bet Dermot Ahern will be on to this one.