Israeli Court Punishes Palestinian-Israeli for Passing

The conviction in Israel of a Palestinian-Israeli man on rape charges because he had consensual sex with an Israeli woman who thought he was Jewish is completely recognizable to anyone who knows the history of race relations in the United States as a punishment for passing.

(pdf): Passing was the practice of light-skinned persons with at least some African-American heritage moving in white society and concealing their African lineage. The peculiar American racial definition made persons African-American if they had virtually any African ancestry at all (the one drop rule). In contrast, no one in Arab societies cares if someone´s mother or grandmother was from the Sudan, and Brazilians conceive of race as on a spectrum (not that there is no racism there but it is not the old US black-white absolute).

It was to forestall and punish passing, which of course led to intimate relations between what US society defined as Blacks and Whites, that miscegenation laws were passed.

For the history of miscegenation see this site.

There were many miscegenation cases similar to that of “Dudu” in Jim Crow legal history.

15 Responses

  1. The conviction was for “rape by deception”. It is the first time that the law was applied to an Arab
    who “deceived” a woman that he was a Jew. Prior cases have been things like deceiving a woman
    that you were a landlord who could get the woman an apartment in exchange for sexual favors etc.

    A weird law, which under the circumstances looks racist, but that is only the circumstances of
    the “rapists” deception. (I put rapist in quotes because in many countries, simply deceiving
    a woman into having sex would not qualify as rape).

    • It doesn’t look racist , the application of this (ridiculous) law in this situation is racist.
      I would like to know if she clearly asked him if he was Jewish or not ( I don’t think she did – just assumed from the name).

      For this law to NOT be racist it would also have to be equally applied to all those other common little deceptions like :
      suit and tie- appears to have money/job
      no ring- unmarried
      nice smile- must be a nice guy
      not drooling – must be intelligent

      And what would a law like this do to ‘consent’? – wow, glad I’m not teaching safe sex there.

  2. It goes without saying that if the situation were reversed, there would be no conviction. I am incredulous.

  3. The extent of Israeli racism is beyond understanding. Israel’s government has betrayed every founding principle these last years.

  4. Deceiving a woman into having sex with you wouldn’t even qualify as a crime in most (99/100) countries, let alone qualify as rape. Apparently, the Israeli government doesn’t understand what happens in bars in countries all across the globe: a man, full of liquid confidence, tells a women everything she wants to hear, all so that she’ll have sex with him. I once told a women, falsely of course, that I played shortstop for the local Minor League baseball team, in an abortive attempt to bed the young woman. If this happened in Israel, I’d be a convicted racist.

    The previous commenter made it seem as if the intention of this Israeli law was to ensure that money and or goods and services were properly exchanged at the conclusion of any “purchased” sexual favor. If this is indeed true, this incident thus highlights Israel’s racism by demonstrating how a law intended to regulate prostitution in the Holy Land was instead used to convict a silky Palestinian on charges of rape.

    Please refudiate.

  5. My thought was that for this woman to have sex and not actually know the man’s religion made me wonder………….how well did she know him before having sex?

    How would she prove that his religion would have made that big a difference to her, if she hadn’t made the effort to know him well enough to have verified it before having sex with him? It suggests a certain……spontaneous or casual quality.

    I perceived a similarity in how she regarded his religion as perhaps the way a woman would regard honesty about the marital status of a sexual partner. In which case, shame on him for not being truthful, but there is some responsibility on her part to verify these things as well if they are genuinely that important to her.

  6. And to make matters more absurd, a “Jew” isn’t even a race.
    It’s a religion or a vague social construction.

  7. Apparently, he never said he was a Jew – he just gave his first name as Dudu, which was his nickname. He just left out that he was Arab. As to the comparison to passing, many Israeli Jews and Arabs look alike racially, stemming from the same semitic race, especially the mizrahi. And most if not nearly all Israeli Arabs, a/k/aPalestinian citizens of Israel, speak perfect Ashkenazi Hebrew, with no accent. A friend of mine who is Israeli Arab, whose name is both Jewish and Arab, told me about a time he was at a party in Israel, and one of the Israeli Jewish guests kept going on and on about how he didn’t like Arabs; so my friend kept asking specific questions as to why he didn’t like them. Eventually, the Jewish guy asked him, “why do care about the Arabs so much?” – and when my friend told him he was Arab, the guy was completely stunned.

    So not sure if passing is exactly the correct term to use, although the racist verdict in Israeli court yielded the same results.

  8. How can you compare this with offering an appartment in exchange for sex, the operative word being “exchange”?

    Anyway, the guy did never say that he was a Jew — he said that his name was Dudu. The innocent victim somehow assumed that Dudu was a nickname for David and offered him the sanctity of her body and soul within minutes.

    Why don’t you make Arabs wear badges on their clothes, so that Jewish damsels cannot possibly get in trouble?

  9. The news out of Israel is getting nuttier every day.

    No doubt part of this is is due to our awareness of all things Israeili, as a result of the intense focus on Israel in Western media, which on the other hand is disinterested in the plight of the people of The Congo, for instance.

    Just wondering , any ideas professor Cole, on where Israel is headed? How long can they continue down this path?

    It would be interesting to see an informed projection of the future of Israel.

  10. From Andrew Sullivan of THE ATLANTIC:
    “Rape By Deception, Ctd

    23 Jul 2010 04:06 pm

    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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