A Palestinian man has been convicted of rape after having consensual sex with an Israeli woman who believed he was Jewish

A court in Jerusalem has made international legal history by jailing Sabbar Kashur, a 30-year-old delivery man from East Jerusalem, for 18 months. He was convicted of "rape by deception" following a criminal trial that has drawn criticism from across Israel. The court heard accusations that Kashur misled the woman, whose identity has not been disclosed, by introducing himself with the traditionally Jewish name during a chance encounter on a street in central Jerusalem in 2008. After striking up a conversation, the two went into a top-floor room of a nearby office-block and engaged in a sexual encounter, after which Kashur left before the woman had a chance to get dressed. It was only later that she discovered Kashur's true racial background, lawyers said. Although conceding that the sex was consensual, district court judge Tzvi Segal concluded that the law had a duty to protect women from "smooth-tongued criminals who can deceive innocent victims at an unbearable price." The judge said that if the woman hadn't thought the accused was a Jewish bachelor interested in a serious romantic relationship, she would not have co-operated. A conviction for rape by deception on the grounds of racial misrepresentation is believed to be internationally unprecedented, according to British legal experts. The charge is rarely used in the West. While forced sex by deception is an offense under Israeli law, legal experts say it is a charge used sparingly in cases involving protracted deceit and a promise of marriage. Kashur was originally accused of violent rape and indecent assault, but later accepted the lesser charge under a plea-bargain after prosecutors received evidence suggesting the encounter was consensual. Kashur’s lawyer, Adnan Aladdin, said he had filed an appeal to ensure that the verdict was not considered precedent-setting, adding that otherwise “many men would find themselves in jail.” Israeli legal experts said they found the verdict disquieting. Asked whether his client was the victim of racial discrimination, Aladdin said he "would rather not comment". Others, however, were scathing. Gideon Levy, a leading liberal commentator, said: "I would like to raise only one question with the judge. What if this guy had been a Jew who pretended to be a Muslim and had sex with a Muslim woman. Would he have been convicted of rape? The answer is: of course not." Israeli human rights activists said that Kashur's actions reflected the deceits many Palestinians practice when in Israel in an attempt to avoid official and private prejudice because of their background. "It is very well known that Israeli-Palestinians living in Israel disguise themselves," said Leah Tsemel, a human-rights lawyer. "You change your accent and you change your dress because if you look like an Arab you face harassment. If you want to enter a pub, you'd better not look like an Arab and if you want to have sex with an Israeli girl, you had better not look like an Arab."

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