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

[sondagefaux]

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

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



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.

Read the facts of the case you've just cited.

Fadi Sbano, 38, faces allegations of rape by deception over his relationship with the teacher from Pembrokeshire.

The "treatment" allegedly occurred for nine months before the woman told her doctor.

Mr Sbano, from Harrow, London denies nine charges of rape and 11 of obtaining money by deception.

Huw Rees, prosecuting, told a jury at Swansea Crown Court that the pair met in 2000 while Mr Sbano was based at Gatwick and the woman was working at a school in Surrey.

Then he started playing tricks on her, Mr Rees said, by telling her he had stomach cancer and had just six months to live.

When she developed an infection, Mr Sbano told the woman he knew a gynaecologist who recommended a cream be applied through intercourse, the jury heard.

"Proper treatment"

Mr Rees said the woman found the sessions "clinical," not at all erotic. She consented only because she believed it was a proper treatment.

"It began to dawn on her that he had devised this treatment in order to have sex with her on his terms," he said.

His prosecution was based on the lie that having sex would cure an infection and that the acts being performed were of a medical, rather than sexual, nature.

The rule in English common law is that deception must involve a lie about identity (including professional status where relevant) and/or the nature of the sexual act.

Claiming that a sexual act would cure an infection is clearly a deception as to the nature of the sexual act - i.e it makes a claim that performing a sexual act would cure an infection when performing it would clearly make no difference.

[Sync]

It should also be clarified: The convicted man has accepted his guilt. He's only appealing the sentence:

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.

[blackpitts]

That might happen in movies, but not in reality.

I remember the case from my days as a law student. He got into bed with her and she in a half-asleep state had sex with him thinking he was her boyfriend. I don't remember the full details but I've a feeling he was out of it from drink.

[Rocky]

I remember the case from my days as a law student. He got into bed with her and she in a half-asleep state had sex with him thinking he was her boyfriend. I don't remember the full details but I've a feeling he was out of it from drink.

Yeah that's the one I'm thinking of.

[sondagefaux]

It should also be clarified: The convicted man has accepted his guilt. He's only appealing the sentence:

So his 'choice' was to risk being convicted of rape and/or sexual assault, risking a much harsher sentence, or plead guilty to the lesser charge of 'rape by deception'.

Do you really think that's much of a choice? Was his consent to plead guilty in those circumstances freely given or was it given under duress (ie. not freely given, therefore not consent in law)?

[The Caped Cod]

I remember the case from my days as a law student. He got into bed with her and she in a half-asleep state had sex with him thinking he was her boyfriend. I don't remember the full details but I've a feeling he was out of it from drink.

I think I know the case you're talking about. He was sentenced not so long ago. He was burguling the house at the time.

[blackpitts]

His prosecution was based on the lie that having sex would cure an infection and that the acts being performed were of a medical, rather than sexual, nature.

The rule in English common law is that deception must involve a lie about identity (including professional status where relevant) and/or the nature of the sexual act.

Claiming that a sexual act would cure an infection is clearly a deception as to the nature of the sexual act - i.e it makes a claim that performing a sexual act would cure an infection when performing it would clearly make no difference.

Does this not fall into the category of the woman not being of sufficient mental capacity to give consent?

[sondagefaux]

I remember the case from my days as a law student. He got into bed with her and she in a half-asleep state had sex with him thinking he was her boyfriend. I don't remember the full details but I've a feeling he was out of it from drink.

If he had pretended to be French would it have been a crime? No. Pretending to be someone else (someone's boyfriend or husband) in order to obtain sex is a crime. Pretending to be of a different ethnicity or religion is not.

[sondagefaux]

Does this not fall into the category of the woman not being of sufficient mental capacity to give consent?

If you fall for that then your mental capacity has to be questioned.

[Sync]

So his 'choice' was to risk being convicted of rape and/or sexual assault, risking a much harsher sentence, or plead guilty to the lesser charge of 'rape by deception'.

Do you really think that's much of a choice? Was his consent to plead guilty in those circumstances freely given or was it given under duress (ie. not freely given, therefore not consent in law)?

I think plea deals are a cornerstone of any legal system, and unless you've evidence that this was given under duress it's not reasonable to assume the guy's too stupid to know what he's signing.

Someone who knows more about Israeli law can clarify, but there's no indication from the media reports so far that this ruling isn't in line with Israeli law. Now we can think it's a stupid law, but there's no evidence that it's a law that's been unfairly applied. Again, show a Christian, Muslim or Scientologist in a similar situation who's been denied justice and I'll happily change my mind.