Well, since the Tennessee and Alabama statutes have never been interpreted in this manner, it seems pretty obvious that they do differ materially.
As far as I can tell, the relevant Israeli law has not actually been cited here, but Israeli legal analysts all apparently consider this application of it unusual, to say the least.
If ypu mean they have never been interpreted so as to charge an Israeli Arab with lying about being a Jew for sleeping with an Israeli Jew, you are probably right … but other than that, I haven’t seen any actual proof of how they have been interpreted. No-one has cited any case law, one way or the other. So I’d hesitate to state with such positivity that it has “never” been applied “in this manner”.
Point is that, as the article states, they cast the net of what constitutes “fraud” widely, and that deception vitiates consent.
The “Israeli legal analyst” quoted in the article claimed that the law was generally only applied in cases of “protracted deceit” and with a “promise of marriage”. As pointed out upthread, this does not fit the description of the leading Israeli case (which involved a guy posing as a Ministry official dispensing favours), so this characterization of the law must clearly be incorrect.
In those 10 minutes poor guy probably did not say one thing that has any basis in reality. I wonder what judge would say if the woman’s complaint was that his “instrument” is not exactly as advertised:
Woman: “Well, Your Honor, I was really itchy for some 8-9 incher, you know, and he seemed he had a potential to deliver. But, to my horror, I realized it was only 7 and a half and, Your Honor, I worked it and worked it hoping to get him to erect the truth but to no avail. Seven and a half just won’t work for me. I have standards, Your Honor.” Judge: “Good enough for me… er, I mean your argument. Ruled in favor of plaintiff! Next case.”
But, I’ll give her credit on being smart - she chose a lie that has most potential.
It’s time horny Jewish women carry a lie detector.
First of all, I don’t understand why that’s bad. I mean, if I were an Israeli woman, I wouldn’t want to have sex with a Palestinian man either. If you’re Israeli, Palestinians are the enemy, and why would somebody want to have sex with the enemy?
But beyond that, the guy wasn’t prosecuted for lying about being a Palestinian to get sex. He was prosecuted for lying period to get sex. If he had pretended he was a doctor so a woman would have sex with him, the woman could press charges there too.
Is it your belief that people in most, or even some democratic nations are not allowed to discriminate on the basis of race, ethnicity, and gender when choosing who to have sex with?
Right, which is why this wasn’t rape, and the judge is a moron. She had given consent, and did not withdraw it until some time after they were done with the fuckin’.
OK. I’m not really sure how to avoid just going back and forth over the same point, but those are unsustainable ways to define both rape and consent, and that approach ignores the entire conceptual framework of fraud.
This doesn’t make sense to me. This assumes the Palestinian pretended to be Jewish to get sex with this specific girl - how do you know that? If I were a Palestinian that could “pass” as a Jew, I’d do it in a heartbeat - wouldn’t you? I’m black and I always check my ethnicity as “white” whenever I asked on forms. Should I be fined or imprisoned too because I misrepresented myself? I’ve gone to the DMV and shouted down a state employee when she tried to check that I was “black” when I had infact put white. Until there are compulsory lab exams to determine ethnicity, I am what I say I am and there really shouldn’t be an argument about it. My view, in this case, is that the State has no business inquiring about my ethnicity at all.
What is the litmus test to determine whether an individual is Palestinian or Jewish? Is free speech protected in Israel or not?
First of all, the case described in the OP is highly unusual and controversial, so it’s not surprising that exact precedent is not turning up.
I also linked to a legal article upthread which described a number of cases prosecuted under rape-by-fraud laws - one of which was an Israeli case involving a (presumably) Jewish man found guilty of nine counts of sexual assault and fraud involving women he seduced by claiming to be a rabbi who could cure them of, well, something. This example was dismissed by another poster as being completely different from the case in the OP, as it pertained to a Jewish male who falsely assumed a religious identity as opposed to the case in the OP, which involved a Muslim male who falsely assumed a religious identity, and…oops.
Nothing logical and factual must be allowed to interfere with the Israel-Evil-Apartheid-Jim Crow conclusion that some here are determined to reach.
Argue that the application of the law in the current case was unreasonable and unfair, criticize some rape by fraud laws as being open to abuse and a reasonable discussion can be had. Trying to shoehorn this case into one’s petrified Good/Evil view of the Middle East is contemptible.
OK, you disagree with the conclusion, which is presumably based on more facts than the above.
But that’s suddenly a different conversation than the one about whether a “higher rule of non discrimination on the basis of race, ethnicity and gender should overrule” a woman’s decision about a man’s level of Jewishness being relevant to a sexual relationship.
Of course it is - but since I never quoted the post which raises that question, or claimed to be responding to it, I’m somewhat at a loss as to why you assumed I was in the first place.
I am not making any sweeping statements here. I’m saying that in this particular case, the dude is getting fucked for no greater crime than letting some chick make assumptions about his favorite works of fiction.