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User Name Thread Name Subject Posted
Emma B BS: New Israeli atrocity: attack on Gaza aid (1868* d) RE: BS: New Israeli atrocity: attack on Gaza aid 24 Jul 10


Off topic but an interesting legal question

Even some of the Israeli press are none too happy about this ruling

"In the framework of a plea bargain agreement, Kashour was convicted of a rape offense as well as a charge of performing an indecent act. In addition to the prison term, he was also slapped with a 30-month conditional sentence and a NIS 10,000 (roughly $2,800) fine to be paid as compensation to the complainant.

Notably, the judges did argue that this was not a "classic case of rape," as the sexual relations were consensual.
So what was this act all about then?
According to the judges, the sexual act was elicited via fraudulent means and reliance on false information

This raises just one question: What would the court decide had a Jewish, married man falsely presented himself to a woman in order to get her into bed? For example, what if someone like that told a woman that he is a wealthy single man, while he was in fact poor and married? Would he too be convicted of rape?"

And if he were Jewish?
Ynet report today

Marriage between a Jew and non-Jew is not legally permitted in Israel any Jewish person who wants to marry a gentile must travel to another nation to marry

However the marriage laws can go a little further still...

"Irina Plotnikov cannot marry the man she loves, Shmuel Cohen, even though she is Jewish according to halakha (Jewish religious law). A rabbinic court in Jerusalem ruled recently that even though Plotnikov is Jewish, she is not eligible to marry a Cohen since her father is not Jewish. According to Jewish tradition, people with the surname Cohen are descendants of the priests that served in the Temple in Jerusalem 2,000 years ago.....

Since civil marriage and non-Orthodox religious marriage in Israel are not legally recognized, the sole option remaining to the couple is to wed overseas"

Haaretz 18.02.05

In March this year the Jerusalem Post reported that

"A court petition filed last week by the Jerusalem Institute of Justice on behalf of a mixed-religion couple could have far-reaching consequences for Israel's stringent marriage laws

Filed in the Jerusalem Administrative Court on behalf of a woman identified only as Miss Jackson, an Israeli-born former member of the Black Hebrews community in Dimona, and her partner, Michael Johnson, a Nigerian Christian, the petition identifies a gap in the law where the two cannot be married due to their differing religious identities and cannot live together in a recognized common law marriage because she is a permanent resident and not a citizen. Johnson, who arrived here in 2007 after meeting Jackson in Ghana the same year, has no official recognized status in Israel.

"There is a gap in the marriage law in Israel because there is no recognition of civil marriages," said attorney Michael Decker, representing the Jerusalem Institute of Justice. "People here cannot get married to someone of a different religion, and yet someone who is a permanent resident has no option to live in a common law marriage."

"It is totally unreasonable. They either have to allow civil marriages or allow people, even if they only have the status of a permanent resident, to live together under common law marriage."

Jackson and Johnson were married last year in a symbolic ceremony at their African church in Tel Aviv, but because the church's denomination is not officially recognized by the state, neither is the marriage. When the two applied for common law marriage status at the Interior Ministry, Johnson was threatened with deportation."


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