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Rape by deception is a crime in which the perpetrator gains the victim's sexual consent and compliance through deception. The crime—known in Tennessee and California as "rape by fraud"[1]—is only recognised in some jurisdictions.

Notable cases Edit

A Massachusetts woman was allegedly and unknowingly having sex with her boyfriend's twin brother.[2] [3]

Controversial Israeli caseEdit

In 2010, a conviction of rape by deception drew international attention when it was first reported that a man deceived a woman into consensual sex within ten minutes of their first meeting by lying by omission about being Jewish and unmarried . This case later turned out to have been a plea bargain in which the records were sealed by the judge to protect the identity of, and avoid the cross examination of the victim. The sex was consensual according to one of the judges.The rape may have been violent. [4] [5]

Sabar Kashur, a Palestinian Muslim accepted a plea bargain and an 18 month sentence on the reduced charge of rape by deception in 2010 after a period of incarceration and house arrest. After Israel was widely condemned in the international press,[6] due to perceived anti Arab racism in the conviction, the judge unsealed the records to show that this had in fact been a plea bargain in a case in which Kashur was originally charged with violent rape of a Jewish woman left bruised in an apartment building stairway.[5] The court sent the victim (who was also a former forced prostitute,had a history of mental illness and at least 13 rapes and was a victim of sexual abuse by her father) to a mental hospital for treatment and convicted Kashur on the lesser charge.[4] According to The Guardian, prosecutors agreed to the plea bargain in order to spare the traumatized victim a long cross-examination.[4][5]The conviction is currently under appeal.

References Edit

  1. http://www.cbsnews.com/stories/2008/02/29/politics/uwire/main3894875.shtml
  2. Rape by Deception May Become A Crime In Massachusetts
  3. If Your Neighbor Poses as Your Husband, Is it Rape?
  4. 4.0 4.1 4.2 “Arab rape-by-deception charge 'was result of plea bargain' ,” Rachel Shabi, September 8, 2010, The Guardian.
  5. 5.0 5.1 5.2 “Unravelling the Israeli Arab 'rape by deception' case,” Dina Newman, September 17, 2010, BBC.
  6. Arab guilty of rape after consensual sex with Jew

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