I love the comments from the judge:

It’s hard to believe that’s the conclusion he came to when the woman starts talking to a total stranger about his motorbike, and then shortly afterwards agrees to have sex with him. She has sex with a motorbike riding stranger the same afternoon she meets him, and she was looking for a “serious relationship” with a Jewish bachelor?

For sure.

He didn’t defend the law, he thought it was ridiculous that you could be convicted of rape via fraud.

Again, the law itself is not racist on its face, the administration in this case most likely is. There are plenty of cases in the US where the Court has invalidated laws that were racially neutral on their face but challenged as being discriminatory in their administration. I don’t know enough about the Israeli judicial system to know if such a system is also in place there, but I suspect it is. It would have to go through the appeals process to do so.

Asides’s for that he also changed the truth a little more, for example lied about being married with 2 children and told her he was bachelor looking for a real relationship. From all of his tricks to get the woman laid the media narrowed it to one thing “Said he was a Jew”. Which BTW, also means it here in the religion sense of the word as much as I see it. (Going with his other lies to convince her of a future Jews tend to marry with Jews as goes for other religious crowds). I doubt him being a Jew of Arab origin would have made the difference, we have enough Jews of Arab origins.
I think the punishment is too big for my taste and that you might want to call the felony fraud and not rape. But it’s still not o.k.

You know, lying to someone dumb does not make the difference between legal and illegal.

Man lied to woman in order to have sex. Woman offended because man doesn’t belong to her particular tribe, offended at the thought of having fucked a non-jew. Judge ok with woman being a racist and hands out sentance that says that if you’re not a jew then you shouldn’t try to fuck jewish women. And yes, I’m well aware of the religious aspects here but when jews are both a race of people and members of a specific religion the lines do get blurred. Racism is a catch-all phrase that can be applied to any type of ethnically based discrimination, which seems to be the case here.

As I also said, and which you ignored, he seemed to be defending the verdict as if it wasn’t racist.

As I also said, he seemed to be defending the verdict as if it wasn’t racist.

What? I wasn’t suggesting she was dumb. I was suggesting she wasn’t looking for a serious relationship if she fucks guys on motorbikes the same afternoon she meets them. I think the judge was dumb, though.

Psh what do you have against motorbikes??

Hmm, saying that ‘she slept with a guy she met just that afternoon and therefore isn’t a good character’ is a rather unpleasant route to go down, as it rather quickly leads to unpleasant places.

The observation that a reasonable-ish law has been abused for fairly blatantly racist purposes is a valid on, though. (FWIW, that Pepsi Max ad where a guy fakes the end of the world to get off with the cute woman in a bar is a much more egregious example of this principle…)

Why does her being easy imply that she’s not a good character? Maybe she just likes sex.

Now, her freaking out that the guy’s not jewish to the point that she accuses him of rape afterwards… That more than implies she’s not of good character.

On the face of it, it seems that it’s:

1 - Clearly a case of fraud, and therefore, by the law of the land, rape.
2 - Clearly patently ridiculous, but that doesn’t make the law invalid.
3 - Potentially racially motivated (for this, we’d have to do a study of sex-by-fraud in other situations and whether or not they get prosecuted and/or convicted). I’m inclined to believe that the law cannot by its nature be applied even-handedly, though obviously, were I actually involved with the case, I would want some actual facts.

So, obviously, they should find him guilty but declare the law invalid, because seriously, that’s a stupid, stupid law, and the potential for racially-motivated verdicts is too high.

This stupidity is what happens when you give to the courts the job that properly belongs to the good 'ole lynching mob.

I’d say the fact that she’s a racist shows that she doesn’t have a good character

That’s a reasonable summary. It would be interesting to see how often this law has been applied in broad categories of similar incidents involving Israeli Jews only or something along those lines. Irrespective of its racial/ethnic potential, it seems like a big mistake to escalate lying to get laid (within reason) into rape.

The guy’s an asshole for lying to the woman to get her to fuck him. But odds are the reason he lied about his race and/or religion is because he knows there’s plenty of bias against Palestinians among Israelis.

Israeli human rights activists said that Kashur’s actions reflected the deceits many Palestinians practise 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.”

It’s not unlike light-skinned blacks passing themselves off as white to avoid racial discrimination. The racism isn’t in the verdict, it’s in the society which unintentionally encourages such deception.

While I think the ruling is racist, I’m not sure where you’re coming up with the idea that I’m waxing rhetorical about life in Israel. My entire contribution to the discussion was about a point Jag made regarding stoning and Shariah law.

Interesting:

http://andrewsullivan.theatlantic.com/the_daily_dish/2010/07/rape-by-deception-ctd.html#more

Holy shit.

Way to make our criminal justice system look fair and balanced, Israel. Well-done!