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The Daily Dish - 2006-2011 archives for The Daily Dish, featuring Andrew Sullivan

Rape By Deception, Ctd

By The Daily Dish
Jul 23 2010, 4:06 AM ET

An Israeli reader writes:

A point which is rarely mentioned in the coverage of the "rape by deception" case - either by Israeli or foreign media - is that the case started out as a regular rape case. The woman claimed she was forcibly raped by Kashour. Once on the stand, however, the defense demolished her story and she admitted she lied and that they had consensual sex. She admitted that after learning Kashour lied to her, she felt humiliated and went to the police. It was at that point the prosecution came up with the plea bargain. A normal court would have just acquitted Kashour, but this court decided to convict.

Several further points:



1. If the woman had told the true story to the police in the first place, there would have been no trial, not to mention any conviction.

2. Kashour has no earlier convictions. In another "rape by deception"" case, which involved a lesbian masquerading as a man in order to have sex with women, she received only six months of suspended sentence. Kashour got 18 months of incarceration.

3. One of the three judges is Moshe Drori, who was embroiled in a scandal last year, when he refused to convict a very well connected yeshiva boy who admitted - and was filmed - running over a security guard with his vehicle. The security guard was an Ethiopian woman. Drori, a Jewish Orthodox, forced the guard to accept the apology of the yeshiva boy, and then invoked a judgment by 12th century scholar Maimonides (I shit you not), which says once an apology is accepted by the victim, the case is closed. And he closed the case. He is apparently a Maimonidas affectionado. The case was overturned in the Supreme Court, and this schtick cost Drori his chance at becoming a Supreme Court justice. Let's say that a non-Jew masquerading as a Jew won't stand much of a chance in the court of Judge Drori.

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