Rape by Deception is a Crime in Israel

by rabbifink on July 22, 2010 · 0 comments

An arab man lied to an Israeli woman about his ethnicity. After they “consummated the relationship” she discovered he was not Israeli, he was Arab. He was charged with rape.

He has been sentenced to 18 months in jail. He will appeal.

The headlines are scandalous.

Israeli Arab who ‘raped’ a woman says verdict ‘racist’

Sex with Jewish girl costs Arab man 18 months in Israeli jail

Israel’s Outrageous Rape Case

Over on DovBear (Israeli Court Shames Itself With Idiotic Ruling) there is a fairly predictable post and discussion about the merits of the Israeli court decision. I am certain that the conversation over there is reflective of many similar conversations around the world.

There are two points that I would like to address regarding this case.

First, the issue of consent to sex is highly volatile. On the one hand, it protects women by punishing low-lives who force themselves onto women who may be vulnerable. On the other hand it is very paternalistic. It basically tells women that “you cannot be trusted with men so the law will take care of you”.

It is not politically correct to say, but women are more vulnerable than men as a general rule. Men tend to be bigger, stronger and more aggressive. Could a woman beat me up? Yes. Could a woman rape a man? I am sure. But the history of men taking advantage of women tells me that women do need protection by the law.

Second is the inherent racism in the case. And no, I do not mean the court is racist in its ruling.

I mean the “victim”.

If the man is Israeli it is okay to sleep with him after just meeting him, but if he is Arab then it is not okay to sleep with him?

I don’t doubt that she feels this way. But what is the basis for her feeling this way? If she was very religious then perhaps she is concerned with the Jewish law of “marrying” a Jew. But I don’t think that is what it is.

I think it indicates a strong social aversion to Arabs in Israeli society. So strong that a woman who is willing to sleep with a new acquaintance would not do so if he was Arab.

The court is dealing with the facts on the ground. She would not have consented if she knew he was Arab. That legal issue deserves discussion. What I think is a more productive discussion is why she feels that way.

What factors are okay to consider before sleeping with a man and what factors are not okay? The court seems to think that ethnicity is important enough that her consent was voided. In Israel it is possible that it is that important.

Is it any wonder that Arabs feel 2nd Class in Israel?

I understand how and why that social reality came to exist.

I also think that perhaps it is more harmful than helpful at this point.

Related posts:

  1. A Contentious Week of Rape Laws in the News
  2. Israeli and Palestinian Women Go to the Beach Together
  3. Less Football Does Not Equal More Crime, or Does It?

Previous post:

Next post: