IDF officer acquitted of rape charges, rank restored
Shocking indictment charging officer with rape ends in full acquittal. Army to restore officer's rank after demoting him to private, order complainant to return $3,500 defendant paid as compensation
An IDF officer convicted of raping a female soldier under his command was acquitted of any wrongdoing at the military appeals court on Tuesday.
The officer faced a three-year prison sentence and had been stripped of his rank and demoted to private. The complainant, who received thousands of dollars as compensation form the defendant, was ordered to repay him the full amount.
The alleged incidents took place at the Erez crossing, the main border crossing into Gaza and a high risk environment. The officer was also charged with endangering the female soldier due to the location.
In January of this year the officer was convicted of rape, indecent assault and sodomy. The Southern Command military court sentenced him to three years imprisonment, demotion to private and a $3,500 fine to be paid to the complainant.
The court said it doubted the officer's account of the incident and called his actions hideous and grave.
The military appeals court in Tel Aviv rejected the original ruling however, saying there was sufficient reasonable doubt that the sexual encounter had been consensual and cleared the officer on all charges.
'Sweetheart, I really don't remember'
The judges noted in their ruling that they reviewed the taped confrontation between the officer and the complainant. According to them it was clear from the female soldier's behavior that nothing had been done against her will.
The judges further said that the complainant's version was questionable. During the encounter the complainant did not deny that she performed oral sex on the officer of her own initiative, but instead told the officer: "Sweetheart, I really don't remember."
The complainant also did not deny that she rubbed herself against the officer for 20 minutes, but said she did not enjoy herself. During another confrontation she stated several times that she believes the officer was not aware that she was not consenting, asked that the charges be dropped and even shook his hand.
The judges also wrote in their ruling that one of the sexual encounters lasted two hours, atypical of most rape cases. Several months passed between the encounters and during that time the complainant continued to maintain a friendly relationship with the officer and shared intimate stories with him.
