According to The Jerusalem Report, the police stated a 27 per cent increase in reported rape cases last year (7 Apr. 1994). According to The Xinhua General Overseas News Service, citing figures from the Israel Women's Network (IWN), a women's rights advocacy group in Israel, the number of battered women in Israel was estimated at 200,000 in 1993 (28 Nov. 1993). The same source further states that "in Jerusalem, the network's rape crisis center has received 330 calls so far, a 15 percent increase over last year" (ibid.). Moneyclips states that in Israel a woman is raped or sexually assualted every five hours, but only 30 per cent file a complaint with police, and 8 per cent wait 10 or more years before seeking help (27 Jan. 1993).

According to The Jerusalem Post, crimes of violence against women, are seldom publicized in Israel, a situation that may "contribute to diminishing their perceived severity" (27 Apr. 1991).

According to information provided by IWN, a rape victim must go through two steps when filing an official complaint. First, the rape victim goes to the police or authorities, and a cross-examination is conducted in private (10 Apr. 1994). After cross-examination the victim is accompanied by the police officer to an emergency room, where a doctor performs a physical exam and gathers evidence that a rape has occurred (ibid.). In gathering this evidence, the doctor uses a specialized kit provided by the police (ibid.). The final step in the procedure is the cross-examination of the suspect; it is the police who decide whether or not to bring the case to trial (ibid.). According to the source, the major reasons for dropping a charge are "lack of evidence, inability to locate the suspect and lack of interest for the public" (ibid.).

If the suspect is charged, the case is brought to trial. If the verdict is guilty, the offender is convicted and sentenced. According to Sisterhood Is Global,
Rape is punishable by 5-14 yrs. imprisonment; if a weapon (specifically a knife or gun) has been used to threaten the victim, the penalty is 20 yrs. Recent (1982) legislation permits conviction of a person accused of a sexual offense solely on the victim's testimony; previously, corroborative evidence had been required (1984, 357).

The Jerusalem Post, citing Ephrain Sneh, a Labor member of the Knesset, states that 38 per cent of convicted rapists serve no jail time at all, and only 10 per cent are sentenced to more than seven years (20 Jan. 1994). Sneh states that rape
has become a nationwide plague that the judicial system deals with leniently.... This leniency tells the public that this is not a serious crime. If the punishment is not serious, then people conclude that the crime is not serious (ibid.).

According to The Jerusalem Post, "research shows that 55 per cent of the population believe that the blame for rape lies with the victim" (21 July 1989).

As a result of a Supreme Court reversal in a 1988 rape case, the question of "consent" has been addressed. In the opinion of IWN coordinator Mirian Isserow, "the significance of the judgment is that consent has to be explicit for the defendant to claim he did not commit rape" (The Jerusalem Post 17 Dec. 1993).

The Israel Women's Network wants changes in the official procedures governing how rape cases are handled. The IWN is advocating a return to the three-judge panel from the current 1 judge procedure (ibid.). As well, the IWN would like a victim's prior sexual history excluded from proceedings (The Status of Women in Israel 1988, 98). Please refer to the attachment from The Status of Women in Israel for a full list of IWN recommendations.

Women's groups and the government have cooperated in opening seven shelters for battered women (Country Reports 1993 1994, 1198). As well, Na'amat, the women's movement, operates four counselling centres for women victims of violence (ibid.).

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Country Reports on Human Rights Practices for 1993. 1994. United States Department of State. Washington, DC: United States Government Printing Office.

The Israel Women's Network, Jerusalem. 10 April 1994. Fax sent to the DIRB, Ottawa.

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

. 17 December 1993. Sahsa Sadan. "Escape and Consent: Clearer Lines on Rape." (NEXIS)

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

. 21 July 1989. Andy Goldberg and Susan L. Weis. "Rape Crisis Centre Faces Closure." (NEXIS)

The Jerusalem Report. 7 April 1994. "Rape Increase."

Moneyclips. 27 January 1993. "Police Say Rape Cases Up 60 Per Cent in Israel." (NEXIS)

Sisterhood is Global. 1984. Compiled and edited by Robin Morgan. New York: Doubleday.

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

The Xinhua General Overseas News Service. 28 November 1993. "200,000 Women Battered in Israel."

Attachments

The Israel Women's Network, Jerusalem. 10 April 1994. Fax sent to the DIRB, Ottawa.

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

. 17 December 1993. Sahsa Sadan. "Escape and Consent: Clearer Lines on Rape." (NEXIS)

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

. 21 July 1989. Andy Goldberg and Susan L. Weis. "Rape Crisis Centre Faces Closure." (NEXIS)

The Jerusalem Report. 7 April 1994. "Rape Increase."

Moneyclips. 27 January 1993. "Police Say Rape Cases Up 60 Per Cent in Israel." (NEXIS)

New Israel Fund, Jerusalem. Annual Report 1991, pp. 11-12.

Sisterhood is Global. 1984. Compiled and edited by Robin Morgan. New York: Doubleday. pp. 357-58.

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

The Xinhua General Overseas News Service. 28 November 1993. "200,000 Women Battered in Israel."

Sources Consulted

Israel Ministry of Police, Jerusalem.

Woman to Women (Haifa's Women's Centre and Shelter for Battered Women)

Na'amat Movement of Working Women and Volunteers, Tel Aviv.

On-line search.