Thursday, July 22, 2010

CNN - Raping the Media Consumer

CNN has a show called PRISM.

It is portrayed a "a provocative news program that will challenge viewers to step outside of their comfort zones, to see the news from a different vantage point, be it: cultural, political, geographical, economical, historical, by different ages, genders or faiths."

Well, they did that today at 19:10 or so Israel time.

They covered the "rape by deception" case.

Details:

...Saber Kashour, the Israeli Palestinian who admitted pretending to be a single Jewish man before having sex with an Israeli woman...Kashour told CNN the relations with the woman, who has not been identified publicly, were consensual...Kashour, who acknowledged having told the woman he was single, said he is known as "Dudu," a nickname for the Jewish name "David," but also his own nickname.

"Apparently, later she discovered that I was an Arab and complained to the police," he said.

..."It is terrible, but the law says very clearly that if someone has sexual intercourse using deception about his identity to conduct the act, it can be considered rape," said Leah Samael, a lawyer specializing in civil rights and human rights cases.

But, if the circumstances had been different -- if a religious Jew had said he was not religious in order to woo a potential suitor -- "he would not be brought to court," she said. "And I am not sure that, on this occasion, it is a reason to charge. To have intercourse in daytime in a deserted building in the center of town -- I say the circumstances speak for themselves."

She added, "The thing that interests me in the case is the need, the necessity, of Arabs in Israel to pretend. To speak without an accent so as not to be seen as Arabs. To dress not to look like Arabs."...

Criminal law rarely applies to minor lies, like dyed hair or a changed name," said Dana Pugach of the Noga Legal Center for Victims of Crime. "But it would apply to the more meaningful lies," she said.

"For example, where a doctor persuades a woman to have sex claiming it would be a part of the medical treatment. As for this particular case, it is not the fact that he was an Arab and claimed to be Jewish. The court emphasized the fact that he claimed to be single while he was married, which would be relevant in the context of a romantic relationship."...


CNN highlighted it on Prism. Leah Samael continued in the Ben Wedeman report with a racist spin. Then she's also on a bonus live interview. Gideon Levy is quoted that if a Jewish man had pretended to be Muslim to have sex with a Muslim woman, would he have been charged? No. But does he really know that? He doesn't.

Leah continued by saying a Pal. can't sleep with a Jew. It's sheer racism according to her.

But all of her talk was simply conjecture as well since we are talking law - and the law is that deception is rape. But Samael went on - this is encouraging apartheid. An almost five minute story.

I think we need a strong female voice on this.



P.S.


In 2008, the High Court of Justice set a precedent on rape by deception, rejecting an appeal of the rape conviction by Zvi Sleiman, who impersonated a senior official in the Housing Ministry whose wife worked in the National Insurance Institute. Sleiman told women he would get them an apartment and increased NII payments if they would sleep with him.

High Court Justice Elyakim Rubinstein said a conviction of rape should be imposed any time a "person does not tell the truth regarding critical matters to a reasonable woman, and as a result of misrepresentation she has sexual relations with him."

Rubinstein said the question was also whether an ordinary person would expect such a woman to have sex with a man without the false identity he created.

In the past, men who misrepresented themselves in this way were convicted of fraud.

One such case was that of Eran Ben-Avraham, who told a woman he was a neurosurgeon after which she had sex with him, and was convicted of three counts of fraud.

9 comments:

Suzanne Pomeranz said...

Personally, I think that if the woman consented to have sex, no matter who the man said he was or whether or not he lied about his marital status, there was no rape. If she didn't want to have sex, she didn't have to have sex.

If he forced himself on her, that's another story - but that's NOT how this reads.

Elihu D. Stone said...

With all due respect to Suzanne, the word "consent" is precisely the issue, here. If a woman agrees to something only because she has been lied to, then she has not "consented" in any meaningful way. Non-consensual sex is defined as -you guessed it- rape.

If you are induced to undergo surgery under false pretenses, your "consent" to the surgery is meaningless and the surgery itself would constitute assault and battery. Suzanne's statement "If she didn't want to have sex, she didn't have to have sex." is just a woefully superficial analysis. The victim might have wanted to have sex - but with the person whom the rapist _purported_ to be. The problem is the criminal was not that person, at all. If someone succeeded in _pretending_ to be Suzanne's spouse managed to have sex with her in the wee hours of the morning, she might feel differently about this matter. See, consent is not only about physical force. Embezzlement is a crime and morally reprehensible, just as armed robbery is a crime and morally reprehensible. These activities may be treated somewhat differently for any number of reasons - but embezzlement is still wrong.

YMedad said...

This story was in the Boston Metro today. That's right, the paper you can pick up for free on the train that has about 10 pages, at least 6 of which seem to be devoted to sports and celebrity gossip. The headline was featured on the front page, along with a solicitation for readers' input on whether they agreed that this should be considered rape.

It's a sexy story in every sense of the word from the perspective of the MSM.

YMedad said...

see the strong response and defense of Israeli justice by Merav Mor from the Israel Rape Crisis Center. On Al Jazeerah TV no less. See the clip embedded in this NYTimes blog.

http://thelede.blogs.nytimes.com/2010/07/21/israeli-court-calls-lying-for-sex-rape/?hp

Suzanne Pomeranz said...

Elihu - Winkie asked for a "strong female voice" to respond. Maybe I'm not strong enough for you, but I am a female and I do have an opinion, which I voiced.

I don't believe in letting off rapists, but in this case and with the information provided, I wouldn't charaterize this guy as a rapist nor this act as rape.

I don't believe in characterizing women as "weaker" either - if we don't want to have sex with someone who offers (as in this case), we can say no. And if, THEN, the man begins to force himself, as long as he is not doing so with a weapon (other than his penis), my 9th grade physical education teacher taught me what to do.

Is that strong enough?

YMedad said...

In 2008, the High Court of Justice set a precedent on rape by
deception, rejecting an appeal of the rape conviction by Zvi Sleiman,
who impersonated a senior official in the Housing Ministry whose wife
worked in the National Insurance Institute. Sleiman told women he
would get them an apartment and increased NII payments if they would
sleep with him.

High Court Justice Elyakim Rubinstein said a conviction of rape should
be imposed any time a "person does not tell the truth regarding
critical matters to a reasonable woman, and as a result of
misrepresentation she has sexual relations with him."

Rubinstein said the question was also whether an ordinary person would
expect such a woman to have sex with a man without the false identity
he created.

In the past, men who misrepresented themselves in this way were
convicted of fraud.

One such case was that of Eran Ben-Avraham, who told a woman he was a
neurosurgeon after which she had sex with him, and was convicted of
three counts of fraud.

http://www.haaretz.com/print-edition/news/jurists-say-arab-s-rape-conviction-sets-dangerous-precedent-1.303109

YMedad said...

Why quote anti-Zionist Ha’aretz, when you can quote the anti-Zionist Palestine News Network?

http://english.pnn.ps/index.php?option=com_content&task=view&id=8545&Itemid=64

This is not, however, the first rape by deception case in Israel. As recently as 2008 the High Court of Justice upheld a ruling on the conviction of Zvi Sleiman, who convinced women he was a Housing official who could give them apartments and housing benefits in return for sex.

Suzanne Pomeranz said...

Fraud - sure. Rape - still wouldn't call any of these rape.

Suzanne Pomeranz said...

And by the way, in each of the cases cited, the woman is NOT innocent... to receive money, help, services, lower taxes, whatever in exchange for sex and after the fact change your mind is not only NOT rape, it also makes the woman just as guilty.