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On Air: If you lie for sex, are you guilty of rape?

Ben Sutherland Ben Sutherland | 10:27 UK time, Thursday, 22 July 2010

East Jerusalem, where Kashur lives (file photo)An Israeli man has been found guilty of "rape by deception" after telling a woman he was Jewish - when in fact he was an Arab.

30-year-old Sabbar Kusher was sentenced to 18 months by an Israeli court - a verdict he has described as "racist."

The sex was entirely consensual - that is not disputed.

But the judge, Zvi Segal, wrote:

"If she had not thought the accused was a Jewish bachelor interested in a serious relationship, she would not have co-operated. 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."

Kusher has said he did not lie, and that the woman misinterpreted his nickname of "Dudu" as a shortened version of the Jewish name David.

And he argued even if he had lied, he should not have had to stand trial:

"If I told the woman I was a pilot and later she finds out that I was not a pilot, then she goes and says that 'He raped me'? If I told her that I was a millionaire and it turns out that I am a poor man, then she goes and says that 'He raped me'?"

As Around The Sphere put it:

"Man lied to get a woman into bed. In other news, the sky is blue."

A similar law has been debated in the US state of Massachusetts.

There, it was argued that the law did not protect victims who had been intentionally deceived into having sex, without force or violence.

Representative Peter Koutoujian at the time said:

"There is a myth that rape only happens in a dark alley by a stranger - this is not true. The intent of the crime is the same, and so the punishment should be the same."

What do you think?


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