Document #1113835
IRB – Immigration and Refugee Board of Canada (Author)
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.
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."
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."
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.