Language:
Hebrew
Year of publication:
2014
Titel der Quelle:
תיאוריה וביקורת; במה ישראלית
Angaben zur Quelle:
42 (2014) 99-123
Keywords:
Sexual consent
;
Sex and law
;
Gender identity
;
Sex crimes
;
National characteristics, Israeli
;
Rape
Abstract:
“deceitfully” misrepresented himself as a Jew to a woman with whom he had sexual intercourse, in addition to deceiving her with regard to his personal status. His indictment and conviction led to a public and legal debate on questions of sex, nationality, and the connection between the two. This article discusses the Kashur case and other instances in Israel and abroad in which people have been convicted of a similar crime; in the latter instances, however, the deception had to do with gender identity, rather than national identity, as in the Kashur case. The article proposes an integrated examination of case law dealing with “national impersonation” and “gender impersonation” and considers how the rules of criminal law governing rape by deception that relate to the “identity of the offender” serve to preserve the gender-national order from prohibited boundary-crossing that might challenge the stability and “naturalness” of the identity categories underlying that order.The article considers how the state’s punitive power in such instances is applied so as to preserve the national-gender-sexual order. The Kashur case is examined through the prism of the “passing” phenomenon, in which members of discriminated minority groups present themselves, in certain social circumstances, as belonging to the majority group so as not to be exposed to racist or discriminatory treatment. The court decisions convicting people for “passing” as members of groups to which society does not regard them as “naturally” belonging are critiqued from a perspective that takes nationality, like gender, to be a type of “performance,” which does not have a separate ontological status from the various actions that constitute its actuality. Like gender signals, national signals are exhibited-performed and, in effect, constitute the identity that they are allegedly expressing. The case law that is analyzed demonstrates how deviation from the nationality, as from the gender, that everyone supposedly “has” and is forcibly imposed on us leads to punishment. This is particularly so when the deviation occurs as part of an intimate relationship with another person, in a way that violates the national-gender-sexual order.
URL:
אתר את הפרסום בקטלוג המאוחד של ספריות ישראל
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