Lenient rape sentence raises controversy
Panel of three judges gives convicted rapist six months of community service, with one judge having previously raised eyebrows for calling a 9-year-old rape victim 'promiscuous'.
Controversy erupted on Sunday after a decision by the Tel Aviv District Court to sentence Yaniv Nahman, who confessed to rape and indecency with a minor as part of a plea bargain, to six months of community service.
Sunday's ruling was immediately met with comments ranging from utter condemnation to support.
Dr. Noga Pugach, director of the Noga Legal Center, branded it "absurd" and criticized the judges' reasoning regarding the victim and perpetrator having been in contact before and after the rape.
She pointed out that most rapes, and sexual crimes in general, occur between people who already know each other. "According to studies, this is particularly serious because someone close to you breaches your trust," she said. "I'm astounded that this assembly of judges in such a serious crime is unaware of this."
She added that the normal sentence in such a case was a quarter of the mandatory minimum sentence – that is, four years out of 16 possible years. "You need special reasons to deviate from this," she said.
Former district judge Shelly Timan, however, disagreed with this analysis, saying that "I know this won't make me popular, but I say that I think it's a balanced sentence." Timan said the convicted rapist was in custody, "where the conditions are more difficult than jail" and that the judges had ruled that the criminal had a good chance of rehabilitation. "It takes courage to stand before the public with such a sentence and I praise the judges for their bravery in this matter," he said. He added, however, that he would deliver a double-digit prison sentence for rape, but that in this case the judges decided to emphasize the rehabilitation aspect.
The judges wrote in the ruling that there had been no premeditation in the rape. They noted the circumstances of the rape – the accused and plaintiff had a relationship, which was also sexual, for years; she arrived at the location voluntarily and fell asleep with the man when they were both naked; the pair continued to have contact after the "event"; and that the plaintiff withheld her charge for years, only contacting police after media reports of the defendant being accused of a series of sexual offenses.
'Promiscuous character'
It emerged on Monday that one of the three judges in the ruling was criticized in the past for a similarly light sentence in a rape conviction. Zion Kapah was criticized in 2003 while working at the Tel Aviv Magistrates Court for his decision to release a man accused of indecent acts with minors to house arrest after casting doubt on the "innocence" of one of the victims.
"The accused may be a wolf, but the minor is not Little Red Riding Hood in the least," Kapah said in the decision 12 years ago. He further stated that the indecent acts were performed with the girl's consent and in exchange for money. "She had a promiscuous character," the judge said, claiming that the girl initiated some of their meetings and even enjoyed them, despite being only nine years old.
The prosecution was quick to appeal the decision to release the defendant to house arrest. The upper court granted the appeal. "It's difficult to conceive of a 9-year-old girl starting to act as a prostitute immediately in her first meeting with the accused," said Judge Zvi Gurfinkel. "You cannot lay blame on the minor, who supposedly seduced a 30-year-old defendant. The court completely ignored the fact that we are talking about a pedophile."
