Sunday, September 5, 2010

Israel: Arab man convicted for consensual sex with Jewish woman

This happened more than a month ago in Israel, but, like many people, I missed the story. In July 2010, an Arab man was convicted of rape after he posed as a Jew and had consensual sex with the Jewish woman. 

Sabbar Kashur - a 30-year-old married Arab male met a Jewish woman in Jerusalem, told her he was a Jewish bachelor and the two consenting adults had sex shortly after the meeting. The woman reported Kashur to the police after she later discovered that he was not a Jew. Kashur was charged, convicted and sentenced to 18 months in prison for "rape by deception."

According to The Guardian, Arabs make up only 20% of the population of Israel, and Arabs are commonly marginalised.

As you would expect, Sabbar Kashur has criticised the verdict of the Jerusalem District Court - branding it "racist".

Rape by deception, according to Wikipedia, is a crime recognised in some jurisdictions including California and Tennessee in the U.S. Incidentally, it is a crime in Israel. Hence the conviction of Kashur for having consensual sex by deception with a Jewish woman is justifiable under Israeli law.

Perhaps, the case would have been decided differently in a European court, where the use or threat of violence and the absence of consent are key ingredients in the definition of rape.

Sources reveal that Sabbar Kashur will appeal the conviction for consensual sex.

*Photo: The Guardian.

Friday, September 3, 2010

Employers abuse migrant domestic workers in the Middle East

A tweet by Migrant Rights (@MigrantRights) on twitter on September 2, 2010 called my attention to rampant abuse of migrant domestic workers - many of whom are tortured and mistreated by employers - in the Middle East. The tweet provided a link to an article on The Economist, entitled Maids in the Middle East: Little better than slavery. The article sheds light on slavery-like conditions which migrant domestic workers from Asia and Africa endure in the Middle East. While reading the article, one question lingered in my mind: Are migrant domestic workers in the Middle East modern-day slaves?

According to The Economist, many migrant domestic workers are forced to work under conditions reminiscent of the slave trade era - long hours, little food, no time to rest, with little or no pay.

In August 2010, rights advocates were alarmed by the story of Lahanda Purage Ariyawathie, a 49-year-old Sri Lankan woman who was tortured by her employer in Saudi Arabia.

Ariyawathie, like many migrant workers looking for an opportunity to make a decent living abroad, left Sri Lanka to work as a housemaid for a Saudi family in Saudi Arabia. While in Saudi Arabia, Ariyawathie was mercilessly tortured by her employer. According to the BBC, her employer embedded a total of 24 nails (5cm/2inches long) into her body. Scars (cicatrices) on the victim's body (see photo above) are testament to her ordeal.

Ariyawathie's story of torture, physical and psychological trauma is shared by many migrant domestic workers in Saudi Arabia, Lebanon and other countries in the Middle East.

It is no secret that employers abuse migrant domestic workers in the Middle East with impunity. Rights groups have repeatedly called on governments in the region to protect domestic workers and bring perpetrators of such cruel and inhuman treatment of domestic workers to justice, but it remains to be seen whether governments in the region would heed the call. In the meantime, on a personal level, migrant workers should reconsider traveling to the the Middle East to work as housemaids.

Watch a slideshow of some graphic photos of Ariyawathie's injuries, here. Viewer discretion is advised.

*Photo of Ariyawathie's scars: The Sunday Leader.

Thursday, September 2, 2010

Nadja Benaissa: Sentenced for spreading HIV?

You've probably heard about Nadja Benaissa, a 28-year-old German pop star who was recently slammed with a 2-year suspended sentence for infecting a former partner with HIV. Nadja Benaissa was dragged to court on accusations of failing to inform her lovers that she was HIV positive. She faced up to 10 years imprisonment, but a German court tampered justice with mercy because the celebrity confessed and showed remorse.

Nadja Benaissa was arrested in April 2009 and charged with causing bodily harm by having unprotected sex without telling her partners that she was HIV positive. On August 26, 2010, the court found Nadja Benaissa guilty of causing "grievous bodily harm" and "attempted bodily harm." Nadja denied to have deliberately infected her former partner who contracted HIV during their relationship.

This verdict has sparked criticism from AIDS organisations. Many argue that Nadja Benaissa has been unfairly treated and stigmatized. Others argue that "safe sex" is the responsibility of everyone involved in a relationship; not the sole responsibility of the infected partner.

I sympathise with Nadja Benaissa because she discovered that she was HIV positive when she was only 16 years old and pregnant, and kept the infection secret to protect her child. But in the interest of public health, I concur with the verdict of the court.

Practicing protected sex is the responsibility of everyone involved in a relationship, but mindful of the high risk of transmitting HIV, Nadja should have abstained from [unprotected] sex or disclosed her HIV status to her partners. Perhaps, such a disclosure would have discouraged her former partners from recklessly participating in unprotected sex.

It is worth mentioning that Nadja Benaissa infected one of her partners and one remains free of HIV. The court ordered her to do 300 hours of community service (possibly helping people with HIV).

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