Human Rights Brief: Violence Against Women in Israel

1.   VIOLENCE AGAINST WOMEN IN ISRAEL

The 1991 annual report of the New Israel Fund (NIF), an organization supporting local initiatives for social improvement and the consolidation of democracy in Israel, contains the results of a survey conducted by the Israeli Ministry of Education which reveal that one woman in four is the victim of some form of sexual assault (rape or sexual harassment) at some point in her life (NIF 1992, i, 3, 12). The Association of Rape Crisis Centres in Israel (ARCCI) in 1992 received a total of 2,182 calls related to sexual assault, compared with 1,499 in 1991 (ARCCI 1993, 16). The Association also noted an increase in calls from newly arrived immigrants (ibid.) (See section 4.2). According to the New Israel Fund, only between 10 and 20 per cent of cases of sexual assault are reported to the police (NIF 1992, 12). This fact is attributed on the one hand to the attitude of society, which tends to blame the victim rather than the assailant, and on the other to the reported indifference of judges and lawyers and their overly tolerant attitude toward the aggressors in these cases (ibid.; The Jerusalem Post 20 Jan. 1994).

Today, Israeli society is becoming more aware that domestic violence, which had been kept silent for a long time, is a serious problem (Networking for Women Jan. 1994, 2; The Jerusalem Post 23 March 1993; ibid. 10 July 1992). The Israel Women's Network (IWN), an organization devoted to the promotion and improvement of the status of women, reports an increase in the incidence of domestic violence during the past years and states that approximately 200,000 women are physically assaulted at home every year (IWN n.d., 1; Networking for Women Jan. 1994, 2). Of this number, about 40,000 women are admitted to hospital emergency wards (ibid.). According to the IWN quarterly bulletin, the total number of requests for admission to shelters for battered women increased by 15 per cent between 1992 and 1993 (ibid.).

2.             LEGISLATION

Israel has ratified three of the four international conventions specifically concerned with women, including the Convention on the Political Rights of Women, the Convention on the Nationality of Married Women and the Convention on the Elimination of All Forms of Discrimination Against Women, which came into effect in November 1991 (United Nations 1994, 4-5; ibid. 24 June 1992, 112). In addition, Israel is a signatory to the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriage (United Nations 1994, 4-5).

While Israel has no written constitution, there are numerous Basic Laws as well as statutory laws governing life in Israeli society (The 1987-1988 Jewish Almanac 1987, 156; Israeli and Ehrenfeld 1987, 163-164). The 1948 Declaration of Independence of the State of Israel is the reference document in matters of human rights. It grants all citizens equal social and political rights without distinction as to religion, race or gender (ibid., 163; Hazelton 1977, 22). The Women's Equal Rights Law of 1951 establishes among other things the equality of the sexes in the eyes of the law, except in matters relating to marriage and divorce (ibid., 23; Sharfman 1993, 78). The Marriage and Divorce Law of 1953 establishes the exclusive jurisdiction of the orthodox rabbinical courts and precedence of the precepts of Jewish law (Halakha) in matters relating to Jewish marriage and divorce (Hazleton 1977, 23; Raday 1991, 18-21; Human Rights Quarterly Nov. 1989, 490). Matters that are related to marriage and divorce fall under the exclusive jurisdiction of the religious courts of each of the different communities - Jewish, Muslim, Christian and Druze (The Europa World Yearbook 1993 1993, 1521; Israeli and Ehrenfeld 1987, 164). This legal practice dates back to the time of the Ottoman occupation and was retained during the British mandate. It continues today (ibid.; Human Rights Quarterly Nov. 1989, 484), however, as a result of Supreme Court rulings, the Interior Ministry must now recognize civil marriages performed at foreign consulates in Israel (The Jerusalem Report 28 July 1994). This report will not discuss the complexities of divorce in Israel [ Information on divorce may be relevant to a comprehensive understanding of the situation of women in Israel; for further information on this subject, please contact the DIRB.].

2.1   Penal Code

The excerpt of the penal code covering assault currently available to the DIRB indicates no sentence longer than five years (Benziman 13 June 1994). Under section 347(B), a person found guilty of sodomy is liable to the same term of imprisonment as provided under the penal code for rape (IJCACJ Fall 1991, 215; Benziman 13 June 1994). For more information about these penal code provisions, please refer to Appendix I: Excerpts from the Israeli Penal Code, which includes articles 345 to 353 covering sexual offenses and articles 378 to 382 dealing with assault.

According to Rachel Benziman, Israeli legislation contains no specific penal code provisions for cases involving domestic violence (Benzamin 13 June 1994). Women who are victims of domestic violence therefore must rely on the penal code provisions covering common assault or rape (ibid., 27 April 1993). Since June 1991, however, victims of domestic violence have been able to make use of the Law for the Prevention of Family Violence, which enables them to quickly obtain a protection order (IWN 21 June 1994; Israel Yearbook and Almanac 1993 1993, 269; Benziman 27 Apr. 1993; The Jerusalem Post 10 July 1992).

2.2         The 1991 Law for the Prevention of Family Violence

The Law for the Prevention of Family Violence, which came into force in June 1991, is aimed at providing protection to any person who is the victim of physical or sexual assault by a spouse, common law partner or other member of the family, by the issue of a court order for protection which forces the abuser to temporarily leave the home (IWN 21 June 1994; Israel Yearbook and Almanac 1993 1993, 269; The Jerusalem Post 10 July 1992). According to the IWN, the court can grant an injunction against such persons "on the condition that the spouse has already assaulted his mate or child, and there is genuine danger he will do so again" (IWN 21 June 1994).

According to the IWN and Rivka Makayes, a lawyer for the Jerusalem Women's Shelter and a member of the committee that drafted the law, a victim of domestic violence can apply for a protection order to the Magistrates' Court or the District Court (IWN 21 June 1994; Makayes 16 June 1994). She only has to complete an application form for a protection order and present it to the clerk of the court (IWN 21 June 1994). A person applying for a protection order does not need to be represented by counsel but she has this option (Makayes 16 June 1994; Israel Yearbook and Almanac 1993 1993, 269; The Jerusalem Post 10 July 1992). However, the 1991 legislation requires that in order to obtain an extension of the order, the case must be followed up by a social worker, who has to submit a report to the court (ibid.). Victims of domestic violence may obtain counselling and legal assistance through women's groups (ibid.; Na'amat 1991, 29; ibid. n.d., 4; NIF 1993, 40-41). In 1994, both the Jerusalem Women's Shelter and the Haifa Battered Women's Hotline had on staff a female lawyer specializing in the field of domestic violence (The Jerusalem Post 10 April 1994; The Haifa Battered Women's Hotline 14 June 1994).

The court issues ex parte a temporary protection order valid for a maximum of seven days (Makayes 16 June 1994; IWN 21 June 1994). At the end of this period the applicant and the respondent appear in court and, based on testimony from both parties and the social worker's report, the judge may decide to extend the protection order for three months (ibid; Makayes 16 June 1994). At a second hearing, the court order can be extended for another three months. It is possible, therefore, to obtain a protection order for a maximum period of six months (ibid.; IWN 21 June 1994). In issuing a protection order, the court may specifically prohibit the respondent from going near the family home or taking possession of any personal property contained therein, from approaching the victim's place of work or study, or that of members of her family, or from carrying a weapon, or harassing members of the victim's family (ibid.; Israel Yearbook and Almanac 1993, 269; NIF 1992, 11).

If an application for protection is refused, a hearing requiring the presence of the applicant and the respondent must take place within seven days of receipt of the application (Makayes 16 June 1994). Recently, when faced with a judge's refusal to issue a protection order, Makayes on two occasions successfully appealed (ibid.). Makayes also mentions having represented two immigrant Christian women from the former Soviet Union in domestic violence cases (ibid.).

Application forms for temporary protection for women who are victims of domestic violence can be obtained from social service offices, the court or women's organizations (ibid.; Benziman 13 June 1994). These forms are available in Hebrew only, which, according to Ruth Reznic, manager of the shelter for battered women in Herzlia [ Alternative spellings of the city names mentioned in this document may exist. In order to avoid confusion, this document uses the spelling provided in the map on p. iii.], creates a problem for immigrant and Arab women (The Jerusalem Post 10 July 1992).

The impact of the new legislation on women since it came into effect in June 1991 is not yet known (Benziman 13 June 1994). The IWN recently began gathering statistics to evaluate the effectiveness of this law (ibid.).

3.  LEGAL RECOURSE

3.1 Complaint Procedures and Role of the Police

In an interview granted to the DIRB in April 1993, Rachel Benziman pointed out that in order to lodge an assault or rape complaint, women must make a statement of complaint to the police, who then proceed with the case with the help of the district attorney (Benziman 27 April 1993). When a rape complaint is made to the police and the rape has occurred recently, the victim is taken to a hospital for a medical examination, which could provide evidence if she decides on legal action (ibid.). This forensic examination is carried out using a kit provided by the police that has been specially designed for this purpose (IWN 10 April 1994). The police have entered into agreements with several hospitals, facilitating the handling of sexual assault cases (Benziman 27 April 1993). Benziman and Makayes report that the decision to lay charges of aggravated assault or rape is at the discretion of the district attorney, who determines whether there is sufficient evidence (Benziman 27 April 1993; Makayes 16 June 1994). A copy of the directives detailed by the Ministry of Police for handling sexual assault victims is attached to Response to Information Request ISR17386.E dated 5 May 1994. Response to Information Request ISR18351.E of 17 November 1994 provides a copy of a brochure prepared by the Ministry of Police and the Association of Rape Crisis Centres in Israel (ARCCI) detailing information and advice to victims of sexual assault. These Responses are available at IRB regional documentation centres.

A 12 December 1993 Ministry of Police press release dealing with police handling of domestic violence presents the major conclusions of various studies done on this subject since 1977 (Ministry of Police 12 Dec. 1993). One of the facts pointed out in the release is that, in spite of the existing directives, police do not require victims to undergo a medical examination and only rarely lay charges in domestic violence cases. The release further states that the police close the files in the majority of cases because they do not consider them to be in the public interest. When they do investigate, it often takes a very long time, especially since the summons is sent to the accused by mail. The police keep no statistics on cases of domestic violence reported to them (ibid.).

Concerning police enforcement of the Law for the Prevention of Family Violence, Benziman reports that even where the police follow up allegations of violence and take these charges seriously, they cannot watch the complainant's house day and night to make sure that the husband complies with the court order for protection (Benziman 27 April 1993). Benziman is aware of two cases where a husband disobeyed the injunction and returned to the house to kill his wife (ibid.).

3.2           The Judicial System

Sentences handed down by the courts in cases involving violence against women are frequently considered too lenient (The Jerusalem Post 20 Jan. 1994; ibid. 26 April 1991; Israel Yearbook and Almanac 1993 1993, 271). Reznic is outraged that a 20-year jail sentence is handed out for burglary while a man who killed his wife only goes to prison for seven years (The Jerusalem Post 26 April 1991). An article in the Jerusalem Post of 20 January 1994 contains a comment by Ephrain Sneh, Labor Party MP, according to which "38 percent of convicted rapists serve no jail time at all, while only 10 percent are sentenced to more than seven years ..." Sneh adds that, "this leniency tells the public that [rape] is not a serious crime. If the punishment is not serious, then people conclude that the crime is not serious" (The Jerusalem Post 20 January 1994).

In 1992, the acquittal by the Haifa District Court of six young men accused of repeatedly raping a 14-year-old girl on Kibbutz Shomrat in 1988 resulted in heated public debate (Israel Yearbook and Almanac 1993 1993, 271; The New York Times 15 Nov. 1992). This verdict, grounded on the concept of consent, was strongly criticized by women's groups (ibid.; NIF 1993, 14). In December 1993 this judgment was overturned by the Israeli Supreme Court, which convicted four of the six men of raping the girl (The Jerusalem Post 17 Dec. 1993).

In 1991, because of a backlog of cases before the courts, the Supreme Court decided that thenceforth rape and murder cases would be heard by a single judge instead of three (ibid.). In the wake of the Shomrat case, however, many people demanded that rape cases should be heard by a court of three judges, one of whom is to be a woman (ibid.; Israel Yearbook and Almanac 1993 1993, 271). The law of evidence was amended for rape cases to allow judges to render a decision based on the sole testimony of the victim and to limit the extent to which the victim may be examined about her sexual history (Raday 1991, 27; The Status of Women in Israel 1988, 98).

The Jerusalem Post reported that in December 1993 an immigrant from the former Soviet Union was sentenced to eight years in prison by the Tel Aviv District Court for sexually assaulting his 13-year-old daughter. Another story which appeared several months earlier in the same paper reported that in July 1993 the leader of a group known as the "Russian Mafia" was sentenced to 15 years in jail for rape and for serious physical injury caused to immigrants from the former Soviet Union who were working as prostitutes in a massage parlour (The Jerusalem Post 3 December 1993; ibid. 13 July 1993).

Lenore Walker, a psychologist and head of the Institute of Domestic Violence in Denver, Colorado, said in a telephone interview that a Tel Aviv jurist was in the process of setting up a training program for judges hearing cases of domestic violence (16 June 1994). Ronit Lev-Ari, director of the program responsible for the Centres for the Treatment and Prevention of Violence in the Family, of the Na'amat Movement of Working Women and Volunteers - Na'amat, collaborated on this project and said that the three-day seminar, to be held in October 1994, will, among other things, deal with enforcement of the Law for the Prevention of Family Violence as well as different psychological aspects concerning victims of violence and their abusers (Lev-Ari 27 July 1994). Walker, in collaboration with Ruth Rossing from the Jerusalem Shelter for Battered Women, is organizing an international conference on women as victims of violence, to be held in November 1994 in Jerusalem (16 June 1994; The Jerusalem Post 10 April 1994).

4.      OTHER ASSISTANCE

4.1             Women's Organizations

[For information on some of these organizations, please see Appendix II and the Encyclopedia of Women's Associations Worldwide, 1993.]

There are several national organizations representing women in Israel, including the Na'amat Movement, the IWN, the Women's International Zionist Organization (WIZO) and the Israeli Feminist Movement (IFM) (Encyclopedia of Women's Associations Worldwide 1993, 240-242). The aim of these national organizations is to promote and improve the status of women in Israel, and address issues related to women's rights and violence against women (ibid., 240-241). These organizations and other women's groups have contributed to the establishment of rape crisis centres, shelters for battered women, centres for the treatment and prevention of violence in the family, and hotlines for battered women and rape victims (ibid.; Na'amat 1991, 27).

4.2    Rape Crisis Centres

The Association of Rape Crisis Centres in Israel (ARCCI) was established in 1990 for the purpose of channeling the efforts of rape crisis centres, whose aim is to create public awareness of sexual violence against women and to improve the services provided to survivors of sexual assault (ARCCI 1993, 1; NIF 1992, 12). The association is responsible for seven rape crisis centres presently operating in Israel and located in Tel Aviv, Haifa, Jerusalem, Ra'anana, Eilat, Beer Sheva and Nazareth (ARCCI 1993, 1). Through the efforts of the association, these centres have improved their working relationships with the police, the hospitals and social service agencies (NIF 1992, 12).

All of the rape crisis centres operate a 24-hour hotline (ARCCI 1993, cover p.). Since 1990, the rape crisis centre in Tel Aviv has also operated a hotline for men who are victims of sexual assault (ibid.). The centres operate with volunteers who receive the necessary training in crisis response (ibid., 1; Israel Yearbook and Almanac 1993 1993, 270). In addition to handling calls from sexual assault victims, the volunteers accompany the women to the hospital and to court (ibid.). Some of the volunteers speak Arabic and Russian and offer an extension services program to Arabic- and Russian-speaking communities (NIF 1992, 12). The rape crisis centres in Haifa and Tel Aviv, for instance, provide programs specifically addressed to immigrant women from the former Soviet Union (NIF 1993, 40). During 1992, the rape crisis centre in Jerusalem took on 20 new volunteers of whom five spoke Russian (ARCCI 1993, 7).

As noted earlier, in 1992 rape crisis centres received 2,182 calls reporting sexual assaults, compared with 1,499 in 1991 (ibid., 16). Nili Nimrod, one of the coordinators of the Association of Rape Crisis Centres, attributes this increase to greater public awareness and a greater familiarity with the programs and services provided, rather than to an increase in the incidence of rape (Nimrod 1 June 1994). The number of calls related to sexual assault received from newly arrived immigrants rose from 9 in 1990 to 75 in 1991 and 119 in 1992 (ibid.).

4.3                Shelters for Battered Women

According to the IWN, Israel has at present seven shelters for battered women (Networking for Women Jan. 1994, 2). The NIF reports that three of these shelters opened during the past year and that two of them are for Arab girls and women (NIF Report Winter 1993/94, 2).

The first battered women's shelter in Israel opened in November 1977 in Haifa upon the initiative of a women's group (Na'amat 1991, 25). Subsequently, three more shelters for battered women were established: in Herzlia in 1978, in Jerusalem in 1981 and in Ashdod in 1983 (ibid.). These facilities can accommodate 50 women and 75 children, which falls well short of the number of annual requests for shelter (ibid.; The Jerusalem Post 10 July 1992; Israel Yearbook and Almanac 1993 1993, 269). Because of the lack of space, these four shelters refused 1,500 women in 1990 and 1,100 in 1991 (ibid.; The Jerusalem Post 10 July 1992). The Ministry of Labor and Social Affairs estimates that for every woman admitted to a shelter, four others - each accompanied by two children - are refused (Israel Yearbook and Almanac 1993 1993, 269). In 1991, for instance, the shelter in Herzlia, which can accommodate 35 women and children at any given time, took in only 131 of the 550 women who asked for admission over the year (The Jerusalem Post 10 July 1992). According to the IWN quarterly bulletin, the total number of requests for admission to shelters for battered women in 1993 increased by 15 percent over the previous year (Networking for Women Jan. 1994, 2). In September 1994, an additional battered women's shelter with capacity for 17 women and children opened its doors in Hadera (NIF Report Winter 1993/94, 2).

Battered women and children are able to stay in these facilities free of charge for up to a year (The Jerusalem Post 10 July 1992). Young boys over the age of eleven are not admitted into the shelters (ibid.), partly due to lack of space and because it is not appropriate to have these young adolescents sleep in the same room as the women (ibid.).

In addition to providing temporary accommodation to victims of domestic violence, these shelters offer support, counselling and legal aid (Na'amat 1991, 25; NIF 1993, 40-41). The shelters now also work in cooperation with the police, hospitals and social service agencies (ibid.; Na'amat 1991, 26). Over 90 percent of domestic violence victims who seek aid in these shelters are directed there by social service agencies, while the others are recommended by police and the hospitals (Israel Yearbook and Almanac 1993 1993, 269).

In August 1993, a shelter for battered women was opened in a village in Galilee by an Arab women's organization named Women Against Violence (WAV), which is fighting for the rights of the 450,000 Arab women in Israel (AP 14 Feb. 1994; The Jerusalem Post 8 Oct. 1993; NIF Report Winter 1993/94, 2). This shelter can accommodate 10 women and 20 children (ibid.). One month later, the same organization opened a second shelter for battered women in another village in Galilee, this one especially for adolescent Arab girls and young women between the ages of 13 and 25 (ibid.; AP 14 Feb. 1994). Although these two shelters mainly cater to Muslim women, their clientele also includes Christian and Druze women (The San Francisco Examiner 8 March 1994; The Jerusalem Post 8 October 1993).

According to Rachel Benziman and Rivka Makayes, the services and programs available to battered women are provided to all women regardless of their religion, including immigrants from the former Soviet Union (Benziman 13 June 1994; Makayes 16 June 1994). Noting an increase in the number of immigrant women from the former Soviet Union taking refuge in the shelter at Herzlia during the Gulf War, Reznic indicated in a February 1991 Jerusalem Post report that "these women have no one to go to. They generally don't know about social workers, shelters, and sources of help" (The Jerusalem Post 24 Feb. 1991).

According to Nili Nimrod, shelters for battered women are funded in part by the state (Nimrod 1 June 1994). However The Jerusalem Post reports that the sums involved are small and barely cover the shelters' operating expenses (The Jerusalem Post 10 July 1992). They consequently have to rely on private sources of funds (ibid.).

4.4         Hotlines for Battered Women

There are hotlines for battered women in Tel Aviv, Jerusalem, Haifa, Beer Sheva and Herzlia (Na'amat 1991, 27). The Haifa Battered Women's Hotline, for instance, provides support services for women who are victims of domestic violence and organizes activities aimed at creating public awareness of this issue (Haifa Battered Women's Hotline 14 June 1994, 1). This hotline is operated by a team of 36 volunteers of whom 18 speak Arabic and 4 Russian. The team also provides an extended service program to Arab women and to immigrant women from the former Soviet Union (ibid., 1-2). Of the 400 calls received in 1993, 60 came from Arabic-speaking women and 60 from Russian-speaking women (ibid., 1). In 1993 the hotline hired a lawyer to respond to the increasing demand for legal services (ibid.).

In October 1992, the Arab women's organization WAV established a hotline for battered women and rape victims in Nazareth (The Jerusalem Post 8 Oct. 1993). In addition to handling the telephone calls, the members of WAV also provide psychological support and sometimes accompany the women to the hospital or the doctor (ibid.).

In January 1994, the Union of Palestinian Working Women's Committees established two hotlines for the 500,000 women living in the West Bank (AP 14 Feb. 1994).

4.5 Centres for the Treatment and Prevention of Violence in the Family

The Na'amat Movement, Israel's biggest women's organization representing 800,000 Jewish, Arab and Druze women (Na'amat n.d., 1), established four centres for the treatment and prevention of violence in the family (Na'amat 1991, 27). These centres, located in Tel Aviv, Jerusalem, Haifa and Beer Sheva, operate support programs specifically and principally for women who are victims of domestic violence, but they also provide treatment programs for men who assault their wife (ibid., 29-31). Between 1986 and 1991, over 500 of these men, from different levels of Israeli society, made use of the treatment services (ibid., 32).

4.6      Other Services and Programs

In 1989 the IWN established a hotline where women who are victims of sexual discrimination can obtain legal advice or be directed to other agencies (IWN n.d., 8). In order to meet the needs of women immigrants from the former Soviet Union, the hotline in 1992 hired a Russian-speaking staff member (ibid.; Networking for Women Jan. 1994, 2). The number of calls about sexual discrimination increased by 35 percent between 1992 and 1993. Of the 325 calls received in 1993, 115 were from women immigrants from the former Soviet Union (ibid.). The Status of Women Directorate of the Na'amat Movement also provides legal services to women free of charge in 26 legal aid offices distributed throughout the country (Na'amat n.d., 4).

In October 1991, the Women's League of Israel (LENI) created the Domestic Abuse Intervention and Research Unit in Haifa which combines family treatment services and research (The Jerusalem Post 23 March 1993). Last year the centre provided treatment services to 55 families and organized 46 seminars on family violence (ibid.).

In addition to the organizations and services mentioned above, a Crisis Centre for Religious Women opened in Jerusalem in January 1993 with the support of the Shaarei Zedek Hospital (Israel Yearbook and Almanac 1993 1993, 269-270). The centre provides a hotline and counselling services and organizes seminars to inform orthodox women about violence against women (ibid.).

APPENDIX I: EXCERPTS FROM THE PENAL CODE OF ISRAEL

Rape [Amendments: 5748 (1988), 5750 (1990) (no. 3)]

345.(A)One who has sexual intercourse with a woman -

(1)           without her free consent, through the use of force, by causing [her] physical suffering, through the use of other means of coercion, or by [merely] threatening to use one of the foregoing means, regardless of whether these acts were committed against a specific woman or a woman in general;

(2)           with the consent of the woman, the consent having been obtained fraudulently through misrepresentation of either the perpetrator's identity or the nature of the act [itself];

(3)           where the woman is a minor not having attained fourteen years of age, even with her consent; or

(4)           under circumstances where the woman is unaware of what is happening to her, other circumstances that deprive her of her ability to resist whether it be a mental disorder, or a circumstance that affects her rational faculties;

is considered by law to be a rapist and shall be sentenced to a prison term of sixteen years.

(B)     Notwithstanding the law expressed in subsection (A) above, a rapist shall be sentenced to a prison term of twenty years if the rape occurred under one of the following circumstances:

(1)           [with] a minor less than sixteen years of age and under the circumstances expressed in subsection (A)(1), (2) or (4);

(2)           by threatening to use a firearm or metal object;

(3)           by causing a bodily or mental injury, or pregnancy;

(4)           through brutal treatment of the woman before the act, during the act or after the act;

(5)           in the presence of another person or persons who have conspired together with him to perform the rape, [the rape having been perpetrated] at the hands of either one or all of them.

(C)     In this paragraph:

The phrase "one who has sexual intercourse" or "a man who has sexual intercourse"* [see Footnote] refers to a person who penetrates the woman's vagina with a part of his body or any other object;

"minor" is to be understood in accordance with its definition as expressed in Dietary Law and Guardianship Law, 5722 - 1962.

Prohibited Sexual Relations with Consent [Amendments: 5748 (1988), 5750 (1990) (no.3)]

346.(A)   A man who has sexual intercourse with a minor [girl] who is [at least] fourteen years of age but less than sixteen years of age, and the girl is not married to him, or a man who has sexual intercourse with a minor [girl] who is [at least] sixteen years of age but less than eighteen years of age, [the act having been perpetrated] by exploiting her dependent position, he having exploited his authority exercised over her, he having exploited his education of her, he having exploited his care of her, or as a result of a false promise of marriage [to her] - shall be sentenced to a prison term of five years.

(B)     A man who has sexual intercourse with a woman who is [at least] eighteen years of age, [the act having been perpetrated] by having exploited his authority over her in the workplace, or by having exploited his authority over her as a result of a service rendered, or by having exploited his authority over her as a result of a false promise of marriage [to her], having given the appearance of being unmarried when having been married in fact, shall be sentenced to a prison term of three years.

Sodomy [Amendments: 5748 (1988), 5750 (1990) (no.3)]

347.(A)   One who performs an act of sodomy with another man who is [at least] fourteen years of age, but less than eighteen years of age, shall be sentenced to a prison term of five years.

(A1)  One who performs an act of sodomy with another man who is eighteen years of age, [the act having been perpetrated] by having exploited his authority over the other man in the workplace or as a result of a service rendered, shall be sentenced to imprisonment for a period of three years.

(B)     One who performs an act of sodomy as a result of one of the circumstances expressed in section 345, with the compulsory changes [having been made], shall receive the same sentence as a rapist.

(C)     In this paragraph, "sodomy" refers to the penetration of the penis into the anal cavity, or mouth, of another man, or the penetration of another object into the anal cavity of another man.

Indecent Act [Amendment 5750 (1990) (no.3)]

348.(A)   One who performs an indecent act with another person as a result of one of the circumstances expressed in section 345 (A)(1) to (4), with the compulsory changes [having been made], shall be sentenced to a prison term of seven years.

(B)     One who performs an indecent act with another person as a result of one of the circumstances expressed in section 345 (B)(1) to (5), with the compulsory changes [having been made], shall be sentenced to a prison term of ten years.

(C)     One who performs an indecent act with another person without the consent of the other person, but not under the circumstances expressed in section 345, shall be sentenced to a prison term of three years.

(D)     One who performs an indecent act with a minor male who is no more than fourteen years of age, [the act having been perpetrated] through the exploitation of the dependent position of the male minor, through the exploitation of authority exercised over the male minor, through the exploitation of education having been provided to the male minor, through exploitation as a result of [the perpetrator] having supervised the male minor, through exploitation in the workplace or as a result of a service rendered, shall be sentenced to a prison term of four years.

(E)     One who performs an indecent act with a person who is no more than eighteen years of age, [the act having been perpetrated] through the exploitation of authority exercised over the other person in the workplace or as a result of a service rendered, shall be sentenced to a prison term of two years.

(F)     In this paragraph, an "indecent act" is defined as an act for the purpose of sexual excitation, gratification or debasement.

An Indecent Act Committed in Public [Amendment 5750 (1990) (no. 3)]

349.(A)   One who performs an indecent act in public, in the presence of another person without the other person's consent, or one who performs said act in any place, [the act having been perpetrated] through the exploitation of the dependent position of the other person, through the exploitation of authority exercised over the other person, through the exploitation of education having been provided to the other person, through exploitation as a result of [the perpetrator] having supervised the other person, through exploitation in the workplace or as a result of a service rendered, shall be sentenced to a prison term of one year.

(B)     One who performs an indecent act in any place, in the presence of a person who is not yet sixteen years of age, shall be sentenced to a prison term of three years.

Indirect Commission of an Indecent Act [Amendment 5748 (1948)]

350.(A)   With respect to the commission of an offence within the context of this paragraph, there is no difference [in law] between the one who performs the act [in fact] or [merely] causes the act to be performed.

Sexual Offences Committed with Family Members [Amendment 5750 (1990) (no. 3)]

351.(A)   One who commits the criminal offence of rape in accordance with paragraph 345(A), or the crime of sodomy in accordance with paragraph 347 (B) with a minor male who is also his relative, shall be sentenced to a prison term of twenty years.

(B)     One who has sexual intercourse with a woman who is fourteen years of age or over but less than twenty-one years of age, or one who commits an act of sodomy with a male who is fourteen years of age or over but less than twenty-one years of age and, in both cases, where the man or woman is related to the person committing the crime, shall be sentenced to a prison term of sixteen years.

(C)     One who performs an indecent act with a male minor who is [also] related to the person committing the crime shall be sentenced:

(1)           for the commission of a crime in accordance with section 348(A)- a prison term of ten years;

(2)           for the commission of a crime in accordance with section 348(B) -a prison term of fifteen years;

(3)           under any circumstance not expressed in subsections (1) and (2)- a prison term of five years.

(D)     One who performs an indecent act in any place in the presence of a male minor, and the male minor is related to the person who performs the indecent act, shall be sentenced to a prison term of four years.

(E)     With respect to this paragraph,

"stepbrother or stepsister" refer to the offspring of one of the parents who lives with the person to whom a crime was committed;

"family member"

(1)           parent; the spouse of a parent although not married to him; grandfather or grandmother;

(2)           one who is [at least] fifteen years of age and is [also] one of the following: brother or sister, stepbrother or stepsister; uncle or aunt; brother-in-law or sister-in-law; however, with respect to criminal offences involving prohibited sexual intercourse in accordance with subsection (B), or an indecent act in accordance with [subsection] (C)(3), that were performed on a person who is no more than sixteen years of age, excluding an uncle or aunt, brother-in-law or sister-in-law who are not part of the definition of "family member".

Publication Injunction [Amendment 5748 (1988)]

352.(A)   Whosoever publicizes the name of a person, or any matter concerning a person, that implicates said person in connection with a criminal offence as defined in this paragraph shall be sentenced to a prison term of one year.

(B)           There is no criminal liability in circumstances expressed in section (A) if the person whose name or identity that were publicized granted his/her permission for publication through the courts.

Criminal Liability Limitations [Amendment 5748 (1988)]

353.         With respect to the charge for the criminal offence expressed in paragraph 346(A), i.e., that the accused be protected from prosecution where the difference between his age and the age of the minor girl is not greater than two years, this is only applicable where the minor girl consented to the act and the act was performed in the context of a normal, friendly relationship and not because the accused took advantage of his position in relation to her.

[Amendment 5748 (1988)]

354-(Repealed).

360.

*[Note to first section of paragraph 345 (C) above: the Hebrew term "bo'el", which is an older term now found in legal contexts, was used in this text to express the concept of "one who (or "the man who") has sexual intercourse". We could not find a suitable English equivalent for use in this context.]

Definition of Assault [A/248]

378.         One who strikes another person, injures him, pushes him or uses force against the other person through some manner, either directly or indirectly, without his consent or through consent obtained fraudulently, is considered to have committed an assault; and in relation to this, use of force includes heat, light, electricity, gas, a scent or any other matter that is used in a manner that may cause damage or discomfort.

The Law of General Assault [A/248]

379.         One who unlawfully assaults another person shall be sentenced to imprisonment for a period of two years, provided that this law does not establish some other penalty for the crime committed as a result of one of its circumstances.

Assault Causing a Substantial Wound [A/250]

380.         One who assaults another person and, as a result, inflicts a substantial wound shall be sentenced to a prison term of three years. Various Assaults [A/251, 289] [1952] [Amendment 5750 (1990) (no. 6)]

381.         (A) A person who commits one of the following criminal offences shall be sentenced to a prison term of three years:

(1)           one who assaults another person during the commission of an offence;

(2)           one who assaults another person during the commission of a theft;

(3)           one who assaults another person while resisting lawful arrest or capture, whether it be his own arrest or that of another person, for any criminal offence [committed], or to prevent said arrest or capture;

(4-5)        (repealed).

(B)     One who assaults a public servant or a person in the discharge of an obligatory post or duty placed upon him, or a person who performs a public service on behalf of the organization responsible for providing public service, and the assault is connected with the discharge of the obligation or duty of the person who was assaulted, shall be sentenced to a prison term of five years.

Assaults Committed under Severe Circumstances [A/251A] [5733 (1973)] [Amendment 5743 (1983)]

382.         Where a criminal offence is committed in accordance with sections 379, 380 or 381(A)(1) or (3), when two or more persons are present who conspire together to perform a [criminal] act that is in fact performed by either one person or some conspirators, then the sentence for those involved is twice the sentence set for this crime.

APPENDIX II: NOTES ON SELECTED SOURCES

The information on the following selected sources is taken from material provided by the organizations noted. The sources affiliated with these organizations who provided information to DIRB in telephone interviews are identified under the relevant group.

The Association of Rape Crisis Centres in Israel (ARCCI)

Founded in 1990, the ARCCI receives funding assistance from the New Israel Fund. The data for the 1992 annual report cited in this paper "are based on the records of incoming calls to the various RCCs in the course of the year 1992" (ARCCI 1993, in editor's note, n.p.). The report notes that "the data ... refer only to those who actually turned to the various RCCs for help, who are not necessarily a representative sample of the entire population of victims of sexual assault" (ibid.). The English and Arabic versions of the report are "condensed translation[s] of the original Hebrew report" (ibid.).

Nili Nimrod is a Coordinator with the ARCCI.

Israel Women's Network (IWN)

According to the pamphlet The Israel Women's Network for Justice and Equality, the IWN is a "non-partisan coalition of Israeli women representing a wide range of political opinions and religious outlook ... " (n.d., 1). "Members and associates of IWN include over 1,500 Israeli women, among them professionals, public figures and community leaders ... (ibid., 3). "[It] is a non-profit, non-governmental organization which depends on personal donations" (ibid., 10) to promote women's rights and provide legal and educational services (ibid., 5-9). IWN publications include a Hebrew-language newsletter and an English-language quarterly (ibid., 9).

Rachel Benziman is a staff attorney with the IWN in Jerusalem.

Ministry of Police, Jerusalem. 12 December 1993. Summary, Findings and Main Recommendations of the Report of the Ministry of Police Comptroller on the Subject of Police Handling of Domestic Violence.

This report for a press conference with the Minister of Police was faxed to the DIRB by the Ministry of Police. The report indicates that "the phenomenon of domestic violence (between spouses) is complex and complicated" and that "[i]n Israel, as in other countries of the world, the Police face great difficulty in handling this matter" (Ministry of Police 12 Dec. 1993). The report "examines the reasons [for this] and proposes an alternative model for dealing with the phenomenon" (ibid.).

Na'amat, Movement of Working Women and Volunteers

This is Na'amat states that Na'amat is "the largest women's movement in Israel with a membership of 800,000 women, (Jews, Arabs, Druze and Circassians) representing the entire spectrum of Israel society" (n.d., 1), most of whom are volunteers (ibid., 16). The organization has 100 branches, "affiliated to local Labour Councils, in cities, towns and settlements all over the country" (ibid., 2). It also has sister organizations in other countries whose members are part of the World Labour Zionist Movement and the World Zionist Organization (ibid., 19).

This is Na'amat indicates that Arab women are involved in the movement and that "Na'amat representatives are able to reach out to all sectors of the community - the woman, the child, the family - Jews, Arabs, Druze, Circassians and Bedouins" (ibid.). The organization operates community centres and Centres for the Prevention of Violence in the Family, and provides educational and free legal services (ibid., 2-14; Na'amat 1991, 27). Na'amat is also involved "in immigrant absorption, working with both volunteers and professionals as well as with government, Jewish Agency and social service agencies to ease the process of integration and absorption for Jews from the Soviet Union (Commonwealth of Independent States), Ethiopia and other countries" (ibid., 17). According to the brochure, Na'amat's Ideological Education Department has initiated "special seminars for Russiam [sic] immigrants conducted in their native tongue. These seminars include lectures, discussions, questions and answers on ideological and political issues, as well as information on rights, responsibilities, and legal status of women in Israel" (ibid. 14).

The organization publishes a magazine 10 times per year and a quarterly English-language newsletter, as well as brochures which are available in five languages and "Yediot Na'amat", a monthly "internal house organ" available in Hebrew, Arabic and Russian (ibid., 18-19).

Ronit Lev-Ari is a director for Na'amat's Centres for the Treatment and Prevention of Violence in the Family program.

New Israel Fund

The New Israel Fund describes itself as "a joint effort by Israelis, North Americans, and Europeans to strengthen democracy in Israel. Since its founding in 1979, it has provided funding and technical assistance to over 200 Israeli non-profit organizations working to protect civil and human rights, to improve the status of women, to bridge social and economic gaps, to further Jewish-Arab coexistence, and to foster pluralism and tolerance" (NIF Report Winter 1993-94, 8).

REFERENCES

The 1987-1988 Jewish Almanac. 1987. Edited by Ivan L. Tillem. New York: Pacific Press.

The Associated Press (AP). 14 February 1994. PM Cycle. Karin Laub. "Palestinian Women Establish Shelters, Rape Hotlines." (NEXIS)

The Association of Rape Crisis Centres in Israel (ARCCI), Tel Aviv. 1993. Annual Report of the Rape Crisis Centres: January-December 1992. Edited by Nili Nimrod and translated by Hazel Arieli.

Benziman, Rachel. Lawyer, legal services of Israel Women's Network - IWN, Jerusalem. 13 June 1994. Telephone interview.

Benziman, Rachel. 27 April 1993. Telephone interview.

Encyclopedia of Women's Associations Worldwide. 1993. Edited by Jacqueline K. Barrett. London: Gale Research International.

The Europa World Yearbook 1993. 1993. Vol. 1. London: Europa Publications Limited.

The Haifa Battered Women's Hotline. 14 june 1994. General description of the organization in spring 1994 faxed to the DIRB.

Hazelton, Lesley. 1977. Israeli Women: The Reality Behind the Myths. New York: Simon and Schuster.

Human Rights Quarterly [Baltimore, Md.]. November 1989. Vol. 11, No. 4. Philippa Strum. "Women and the Politics of Religion in Israel."

International Journal of Comparative and Applied Criminal Justice (IJCACJ) [Wichita, Kan.]. Fall 1991. Vol. 15, No. 2. Joseph J. Gross. "Marital Rape - A Crime? A Comparative Law Study of the Laws of the United States and the State of Israel."

Israel Women's Network (IWN), Jerusalem. 21 June 1994. Document dealing with the 1991 Law for the Prevention of Family Violence. Faxed to DIRB.

Israel Women's Network (IWN), Jerusalem. 10 April 1994. Document dealing with police procedure for rape complaints. Faxed to DIRB.

Israel Women's Network (IWN), Jerusalem. n.d. The Israel Women's Network: For Justice and Equality. (Folder describing the organization and the various programs and services.)

Israel Yearbook and Almanac 1993. 1993. Vol. 47. Jerusalem: IBRT Translation/Documentation.

Israeli, Raphael and Rachel Ehrenfeld. 1987. "Israel" - International Handbook of Human Rights. Edited by Jack Donnelly and Rhoda E. Howard. New York: Greenwood Press.

The Jerusalem Post. 10 April 1994. Sasha Sadan. "US Group Funds Legal Aid for Jerusalem Women's Shelter." (NEXIS)

The Jerusalem Post. 20 January 1994. Itim. "MKs Blast Court's Handling of Rape Cases." (NEXIS)

The Jerusalem Post. 17 December 1993. Sasha Sadan. "Escape and Consent: Clearer Lines on Rape." (NEXIS)

The Jerusalem Post. 3 December 1993. Raine Marcus. "Father Convicted of Sodomizing Daughter, 13." (NEXIS)

The Jerusalem Post. 8 October 1993. Andrea Barron. "A Home of Their Own in a Battered Women's Shelter for Arabs." (NEXIS)

The Jerusalem Post. 13 July 1993. Raine Marcus. "'Russian Mafia' Leader Gets 15 Years in Jail." (NEXIS)

The Jerusalem Post. 23 March 1993. Sasha Sadan. "One in 7 Men Beats His Wife." (NEXIS)

The Jerusalem Post. 10 July 1992. Sue Fishkoff. "The Fight Begins at Home." (NEXIS)

The Jerusalem Post. 26 April 1991. Michael Rotem. "The Banality of Rape." (NEXIS)

The Jerusalem Post. 24 February 1991. Fern Allen. "Who's Afraid of Saddam Hussein." (NEXIS)

The Jerusalem Report. 28 July 1994. "14 Days: Consulate Marriages." Compiled by Margo Lipschitz Sugarman.

Lev-Ari, Ronit. Director, Centres for the Treatment and Prevention of Violence in the Family Program in Na'amat. 27 July 1994. Telephone interview.

Makayes, Rivka. Lawyer representing the Jerusalem Shelter for Battered Women. 16 June 1994. Telephone interview.

Ministry of Police, Jerusalem. 12 December 1993. "Summary Findings and Main Recommendations of the Report of the Ministry of Police Comptroller on the Subject of Police Handling of Domestic Violence." (Press release faxed to DIRB by Ministry of Police, 21 June 1994.)

Na'amat Movement of Working Women and Volunteers (Na'amat), Tel Aviv. 1991. After the Battering: The Struggle of Battered Women with Violence in the Family. Edited by Ronit Lev-Ari and Dafna Boostan. Translated by Lou Kaplan.

Na'amat Movement of Working Women and Volunteers (Na'amat), Tel Aviv. n.d. This is Na'amat. (Booklet describing the organization and its different programs and services.)

Networking for Women [Jerusalem]. January 1994. Vol. 7, No. 1. "Combating Violence."

New Israel Fund (NIF). 1993. New Israel Fund: Annual Report 1992. Washington, DC: NIF.

New Israel Fund (NIF). 1992. New Israel Fund: Annual Report 1991. Washington, DC: NIF.

The New York Times. 15 November 1992. "Acquittal in Israeli Rape Case Draws Protests." (NEXIS)

NIF Report [Washington, DC]. Winter 1993-1994. Vol. 12, No. 4. "Ongoing Change: News from Beneficiaries of the New Israel Fund."

Nimrod, Nili. Coordinator, Association of Rape Crisis Centres in Israel (ARCCI). 1 June 1994. Telephone interview.

Raday, Frances. 1991. "The Concept of Gender Equality in a Jewish State" in Calling the Equality Bluff: Women in Israel. Edited by Barbara Swirski and Marilyn P. Safir. New York: Pergamon Press.

The San Francisco Examiner. 8 March 1994. Shyam Bhatia. "Arab Attitudes on Violence Against Women are Shifting; Society Slowly Beginning to Question Male Dominance and Domestic Abuse." (NEXIS)

Sharfman, Daphna. 1993. Living Without a Constitution: Civil Rights in Israel. New York: M.E. Sharpe.

The Status of Women in Israel. 1988. Edited by Miriam Benson and Dorit Harverd. Jerusalem: Israel Women's Network.

United Nations, Centre for Human Rights. 1994. International Instruments: Chart of Ratifications as at 31 December 1993. New York: United Nations.

United Nations, Committee on the Elimination of Discrimination Against Women. 24 June 1992. (A/47/38). Report of the Committee on the Elimination of Discrimination Against Women.

Walker, Lenore. Psychologist and Director, Institute of Domestic Violence, Denver, Colorado. 16 June 1994. Telephone interview.