The plea bargain was based on a revised indictment submitted by attorney Shlomit Ben-Yitzhak from the Jerusalem Prosecutor’s Office and was approved by the court in December 2011. Pines was also convicted of indecent acts on a 13-year-old girl.
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Judges Zvi Segal, Moshe Yoed Hacohen and Ben-Tzion Greenberger called Pines’ actions “appalling, disgusting and ugly,” and noted that he continued carrying them out for 40 minutes. At the sentencing, it was stated that the girl suffered from a mental illness and had been hospitalized in the past under psychiatric care.
Additionally, it was noted that after the rape, the girl feared her father’s reaction. “Dad, don’t be mad,” she said. Since the rape, the girl experienced a general worsening of her condition and was re-hospitalized.
The judges noted that the offenses were extremely serious and had strongly affected the child. “The only sin was that they crossed paths and he used aggression to get to what he wanted most at the moment, which was sexual gratification. “
The judges described how Pines planned his actions and the damage he caused his victims. Pines’ lawyer, David Barhoum, claimed his client committed the acts due to an organic defect in the brain.
The judges noted that a psychological evaluation of Pines did find personal and psychological problems, but nothing that could show an organic defect. They emphasized that Pines “understood that what he was doing was wrong,” adding, “Pines was cruel and violent to girls.”
Aroma on Hillel Street (Archive photo: Noam Moskowitz)
There were three rape charges against Pines, two sodomy charges, and one indecent acts charge. According to the indictment, he arrived at the café, approached the girl and demanded she have sex with him. She followed him and Pines dragged her to a nearby building, where he raped her. After this, he returned her to the café, and took her to the restroom, where he forcibly stripped her and raped her a second time, committing sodomy and other indecent acts.
At this point, customers asked Pines to open the door, which he refused. When they broke in, they found him naked. Pines claimed that the girl was his girlfriend and immediately fled.
The original indictment also included sodomy charges against another girl, aged 13. The Jerusalem District Prosecutor’s Office closed this case as well with a plea bargain, through which he admitted to an indecent act, and the charge of attempted sodomy was erased.
Pines was also convicted of an indecent act on another girl which occurred five days after the Aroma rape. In this instance, he ran into the girl with whom he was casually acquainted, asked how she was, began to walk with her, led her in the direction of bushes where he attacked her.
The sentence stated that the girl was severely affected by the event, losing trust in her surroundings.
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