Rape by Deception and the Policing of Gender and Nationality Borders
![handle is hein.journals/lsex24 and id is 9 raw text is: TULANE JOURNAL OF LAW & SEXUALITY
A Review of Sexual Orientation and Gender Identity in the Law
VOLUME 24 2015
Rape by Deception and the Policing of Gender
and Nationality Borders
Aeyal Gross*
I. IN TRO D UCTION ..................................................................................... 1
HI. THE CHARGE OF GENDER IMPERSONATION: CASE LAW IN
THE UNITED STATES, ISRAEL, AND THE UNITED KINGDOM ........ 4
III. IMPERSONATING A JEW IN THE KASHUR CASE .............................. 15
IV. CROSSING THE GENDER BOUNDARIES, BETRAYING THE
NATION'S BOUNDARIES: GENDER PERFORMANCE AND
NATIONALITY PERFORMANCE ...................................................... 24
V . C ONCLUSION ................................................................................... 33
I. INTRODUCTION
In 2012, the Israel Supreme Court handed down its decision in the
appeal of Sabbar Kashur,' who had been convicted of rape by deception
regarding the perpetrator's identity and of indecent assault. The
conviction had been based on a section in the Israel Penal Law that
defines rape as consensual sexual intercourse with a woman if her
consent was obtained by deception regarding the perpetrator's identity or
* © 2015 Aeyal Gross. My thanks go to Itai Hermelin, Tami Katsabian, Elkana Leist,
Amit Pundik, Hedi Viterbo, and Amalia Ziv for their helpful comments and suggestions; to
Yehuda Goor, Nadav Dishon, and Peter Teishev for their excellent research work; and to Dana
Rothman-Meshulam for her excellent editing and language skills. Earlier versions of this Article
were presented at a seminar sponsored by the Taubenschlag Institute of Criminal Law at the Tel
Aviv University Faculty of Law; the criminal law workshop at the Carmel Academic Center; the
workshop Queer Perspectives on Law I at SOAS, University of London; and in the An Other Sex
14 conference held at Tel-Aviv University. I thank the participants in these forums for their
helpful comments and especially to Leora Bilksy, Sarah Lamble, and Hedi Viterbo, who
commented in some of these forums as discussants. Also thanks to Alex Sharpe for the
cooperation and engagement. The author can be contacted at aeyal.gross@gmail.com.
I. CrimA 5734/10 Kashur v. State of Israel [2012], Takdin (Isr.), Nevo Legal Database.](ViewImageLocal?handle=hein.journals/lsex24&div=4&collection=&method=preview&ext=.png&size=3)
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Rape by Deception and the Policing of Gender and Nationality Borders
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