Sex offenses - Best lawyers

Introduction: Dealing with Suspicions or Charges of Sexual Offenses – The Critical Importance of Professional Legal Representation

Dealing with suspicion, investigation, or charges of sexual offenses is one of the most complex, sensitive, and difficult situations a person can experience. Sexual offenses carry heavy social stigma and far-reaching legal consequences that can affect all aspects of life for all involved – both the suspect or defendant, the victim of the offense, and their family members.

The criminal procedure in these offenses is conducted with special sensitivity, attempting to balance protection of the victim's rights with preserving the rights of the suspect or defendant, primarily the presumption of innocence, whereby every person is innocent until proven guilty beyond reasonable doubt.

In this complex legal reality, obtaining professional and experienced legal representation by a sexual offense attorney is not a recommendation, but a critical and paramount necessity. A skilled attorney in this field can ensure that your rights are preserved at all stages of the process, from the initial police investigation, through arrest procedures (if any), the hearing before filing an indictment, and managing the criminal trial itself,

if an indictment is filed. The purpose of the LawReviews website is to provide you with vital information that will help you understand the legal framework, the procedures, and the importance of legal representation in dealing with charges of this type.

The Legal Framework of Sexual Offenses in Israel

Israeli law treats sexual offenses with great severity, and the main legal framework for these offenses is established in several central laws:

1. The Penal Law, 1977: Chapter J of this law deals with bodily harm, and Section H of this chapter is entirely dedicated to sexual offenses. The law defines a wide range of offenses, from rape and sodomy, through indecent acts, to offenses related to prostitution and pimping. The Penal Law establishes the elements of the offense (the factual element and the mental element) and the maximum penalties established alongside them.
2. The Prevention of Sexual Harassment Law, 1998: This law is designed to combat the phenomenon of sexual harassment in all its forms, both within employment relationships and outside them. The law defines what constitutes sexual harassment and what constitutes persecution based on sexual grounds, establishes prohibitions, and regulates the victim's right to civil compensation, in addition to the possibility of criminal proceedings in certain cases.
3. Additional relevant laws: The Rights of Crime Victims Law, 2001, the Public Protection from Sexual Offenses Law, 2006 (which regulates supervision of released sex offenders), as well as specific legal provisions relating to sexual offenses against minors and helpless persons, found both in the Penal Law and in other laws.

The element of free consent stands at the center of many sexual offenses. The law establishes that engaging in sexual relations or performing a sexual act with another person requires their free and explicit consent. Consent obtained through deception, coercion, threats, while exploiting a state of unconsciousness, intoxication, or mental or intellectual dependence – is not considered free consent. Sexual offense attorneys are required to thoroughly examine the issue of consent in each and every case.

Common Types of Sexual Offenses in Israel and Penalties Established by Law

Israeli law distinguishes between different types of sexual offenses, which differ from each other in the elements of the offense, circumstances of their commission, and severity of the penalty established alongside them. Following is a review of some of the main offenses:

Rape (Section 345 of the Penal Law)

• Definition: Rape is defined as sexual intercourse with a woman (penetration of a sexual organ or object into the woman's sexual organ) without her free consent, or with consent obtained through deception regarding the identity of the perpetrator or the nature of the act, or while exploiting a state of unconsciousness, mental illness, or intellectual disability that prevents her from giving consent.
• Punishment: The maximum penalty for rape is 16 years imprisonment.
• Rape under aggravating circumstances: The law establishes aggravating circumstances in which the maximum penalty for rape is 20 years imprisonment. These circumstances include, among others, rape committed while threatening with a weapon, causing serious bodily or mental harm, abuse, or when the rape was committed by several people who joined together.
• Note: The definition in the law refers to "sexual intercourse with a woman." In the past, similar acts committed against a man were defined as "sodomy," but today, the case law and interpretation expand and recognize that a man can also be a victim of an offense whose essence is rape.

Prohibited Sexual Intercourse with Consent (Section 346 of the Penal Law)

• Definition: This offense refers to cases where sexual relations occur with a minor who has reached 14 years but has not yet reached 16 years, even if she gave her consent, or with a minor who has reached 16 but has not yet reached 18, while exploiting relationships of dependence, authority, education, supervision, or false promise of marriage. Additionally, the offense includes sexual intercourse with a woman who has reached 18 years while exploiting relationships of authority at work or in service, or while exploiting mental or intellectual dependence.
• Punishment: Penalties range from 3 to 5 years imprisonment, depending on the specific circumstances.

Sodomy (Section 347 of the Penal Law)

• Definition: Sodomy is defined as penetration of a body organ or object into a person's anus, or penetration of a sexual organ into a person's mouth. Similar to rape, the act becomes a criminal offense when it is done without free consent, or with consent obtained through deception or exploitation of special situations.
• Punishment: The law for sodomy is the same as for rape, meaning the maximum penalty is 16 years imprisonment, and under aggravating circumstances 20 years imprisonment.
• Consensual sodomy (between adults): It is important to note that sodomy between adults (over 18) done with full and free consent does not constitute a criminal offense in Israel. The offense is relevant only in the absence of consent or in cases of exploiting minors or power imbalances.

Indecent Acts (Section 348 of the Penal Law)

• Definition: An indecent act is an act done for the purpose of sexual arousal, satisfaction, or humiliation. The law distinguishes between several degrees of severity of indecent acts:
  • Public indecent act: An act done in a public place, in front of another person, without their consent. Its penalty is up to one year imprisonment.
  • Indecent act without consent: An indecent act done to a person without their consent. Its penalty is up to 3 years imprisonment.
  • Indecent act under aggravating circumstances: For example, while using force, threats, causing harm, or against a minor. Penalties range from 4 to 10 years imprisonment, depending on the severity of circumstances and the victim's age.

Sexual Harassment (according to the Prevention of Sexual Harassment Law, 1998)

• Definition: The law defines five main behaviors that constitute sexual harassment:
  1. Extortion by threats of a sexual act.
  2. Indecent acts (as defined in the Penal Law).
  3. Repeated sexual proposals directed at a person who has shown the harasser that they are not interested in them.
  4. Repeated references focusing on a person's sexuality, when that person has shown the harasser that they are not interested in such references.
  5. Degrading or humiliating reference directed at a person regarding their sex or sexuality, including their sexual orientation.
• Persecution: The law also prohibits persecution, which is harm of any kind originating from sexual harassment, or from a complaint or lawsuit filed regarding sexual harassment.
• Punishment and enforcement: Sexual harassment can constitute grounds for a civil lawsuit for compensation without proving damage (up to the amount established by law, approximately 120,000 ₪ as of the writing of these lines, but the amount is updated), and in certain cases (extortion by threats and indecent acts) it also constitutes a criminal offense punishable by up to two years imprisonment (or more, if the act also meets definitions from the Penal Law).

Sexual Harassment in the Workplace

• Aggravating factors and employer responsibility: The Prevention of Sexual Harassment Law imposes special obligations on employers to prevent sexual harassment within employment relationships, to establish regulations, appoint a responsible person, and handle complaints efficiently.
• Special circumstances: In the workplace, sexual proposals or references from a direct supervisor or work colleague while exploiting authority relationships do not require the harassed person to show that they are not interested in them for them to be considered harassment.
• Representation by a sexual offense attorney is important both for the affected employee and for the defendant employer, or for the suspect/accused of harassment in this context.

Sexual Offenses within the Family and against Minors

• The law treats sexual offenses committed within the family (incest) or against minors with particular severity.
• Incest (Section 351 of the Penal Law): Sexual offenses (rape, sodomy, indecent act) committed by a family member (parent, grandfather, brother, uncle, etc.) against a minor or helpless person. Penalties are significantly aggravated.
• Sexual offenses against minors: There are specific offenses and penalty aggravations when the victim of the offense is a minor, even if there are no family relationships. The minor's age is a critical parameter in determining the elements of the offense and its severity. For example, sexual intercourse with a minor under 14 is rape, even if "consent" was given.

Offenses in the Field of Prostitution, Pimping, and Maintaining a Place for Prostitution

• Prohibition of consuming prostitution (The Prohibition of Consumption of Prostitution Law, 2019): This law, also called "the Nordic Model in Israel," imposes administrative fines on consumers of prostitution, with the aim of reducing demand for prostitution.
• Pimping (Section 199 of the Penal Law): One who makes their living, wholly or partly, from the profits of a person engaged in prostitution. Their penalty is up to 5 years imprisonment, and under aggravating circumstances (such as pimping a minor) up to 7 years imprisonment.
• Bringing a person to prostitution (Section 201 of the Penal Law): One who brings a person to perform an act of prostitution with another person. Their penalty is up to 5 years imprisonment, and under aggravating circumstances up to 7 years.
• Maintaining a place for prostitution (Section 204 of the Penal Law): One who maintains or manages a place (brothel, apartment) for the purpose of engaging in prostitution. Their penalty is up to 5 years imprisonment.
• Advertising prostitution services: Publishing advertisements offering prostitution services constitutes a criminal offense.
• "Harlotry" is a less common word in modern legal language, but it refers to engaging in prostitution. Israeli law does not criminalize the person engaged in prostitution themselves (except for the prohibition of consuming prostitution), but focuses on the circle of exploitation around them – pimps, place managers, and advertisers.

Online Sexual Offenses (on the Internet)

• Distribution of sexual images or videos without consent ("revenge pornography"): An offense under the Penal Law and under the Prevention of Sexual Harassment Law.
• Online grooming of minors: Making contact with a minor online for the purpose of committing a sexual offense against them.
• Online sexual harassment: Proposals, references, or distribution of sexual content through social networks, email, or messaging applications.

The Criminal Procedure in Sexual Offenses – Step by Step

The criminal procedure in sexual offenses is complex and sensitive, requiring careful and professional conduct by all parties involved.

Filing a Police Complaint and Police Investigation

• The procedure usually begins with filing a complaint with the police by the victim of the offense or someone on their behalf.
• Rights of the complainant: The complainant has many rights, including the right to accompaniment, to receive information about the progress of the investigation, and to protection from harassment.
• Investigation of the suspect (investigation under warning): If the police identify a suspect, they will be summoned for investigation under warning. The suspect has the right to consult with a sexual offense attorney before and during the investigation (during breaks), the right to remain silent (although silence may have implications), and the right not to incriminate themselves. The presence of an attorney at this stage is critical.
• Investigation actions: The police will perform various investigation actions, such as collecting testimonies, confrontations (if necessary and there is consent), collecting forensic evidence, searches, and more.

Arrest and Release on Conditions (Arrest Procedures)

• Initial arrest: The police may arrest a suspect for 24 hours (or 48 hours in certain cases) if arrest grounds exist (such as concern for disrupting the investigation, dangerousness, or investigation needs).
• Extension of arrest (remand): If the police want to extend the arrest beyond the initial period, they must bring the suspect before a judge. In this hearing, a sexual offense attorney representing the suspect will argue against extending the arrest or request less harmful arrest alternatives (such as house arrest, release on bail, restraining order).
• Arrest until the end of proceedings: If an indictment is filed, the prosecution may request the defendant's arrest until the end of their trial. Here too, legal representation is vital.

Closing the Investigation File or Transferring it to the Prosecution/Police Prosecution Unit

• At the end of the investigation, the police transfer their findings to the police prosecution unit (for relatively minor offenses) or to the State Attorney's Office (for serious offenses).
• Grounds for closure: The file may be closed on one of three main grounds: lack of guilt, insufficient evidence, or lack of public interest (currently: "the circumstances of the matter do not justify prosecution").
• Attorney actions: A sexual offense attorney can act actively with investigation and prosecution authorities in an attempt to convince them to close the file, or to close it on grounds that cause less harm to the suspect (for example, lack of evidence is preferable to lack of public interest in terms of police records).

Hearing Before Filing an Indictment (according to Section 60A of the Criminal Procedure Law)

In felony offenses (offenses where the maximum penalty exceeds 3 years imprisonment), and also in some offenses under the Prevention of Sexual Harassment Law, the suspect has the right to a hearing before the prosecution makes a final decision whether to file an indictment against them.

The hearing is a very important opportunity for a sexual offense attorney to present to the prosecution the defense arguments, evidence supporting the suspect's innocence, or mitigating circumstances, and to try to convince the prosecution to refrain from filing an indictment, or to file a reduced indictment. Waiving the right to a hearing or conducting it unprofessionally can have devastating consequences.

Filing an Indictment and Managing the Criminal Trial

• If it is decided to file an indictment, the procedure moves to court.
• Reading the indictment: The defendant is required to respond to the charge.
• Preliminary proceedings: Preliminary hearings, various motions (for example, for disclosure of additional investigation materials).
• Evidence stage: This is the heart of the trial, where the prosecution presents its evidence and witnesses, and the defense presents its evidence and witnesses. The defendant's attorney cross-examines prosecution witnesses (including the complainant, with appropriate sensitivity and while maintaining legal rules), and presents the defense line.
• Summations: After the evidence stage, the parties summarize their arguments.
• Verdict: The court determines whether the defendant is guilty or acquitted.

Sentencing and Appeal

• Sentencing arguments: If the defendant is convicted, a separate hearing is held regarding the sentence. Both sides present evidence and arguments regarding the appropriate severity of punishment.
• Determining the sentence: The court sentences the defendant, taking into account various considerations (severity of the offense, circumstances of its commission, criminal record, harm to the victim, personal circumstances of the defendant, deterrence and rehabilitation considerations).
• Appeal: Both the defendant and the prosecution may appeal the verdict and/or the sentence to a higher court.

The Role and Importance of a Sexual Offense Attorney in Representing Suspects and Defendants

Accompaniment by an experienced and knowledgeable criminal attorney is critical for anyone suspected or accused of a sexual offense, and can dramatically affect the outcome of the proceedings.

Initial Legal Advice and Accompaniment in Police Investigation

The right to consult with an attorney before and during investigation is a fundamental right. The attorney will explain to the suspect their rights, prepare them for the investigation, advise them how to conduct themselves, and help them avoid mistakes that could incriminate or complicate them.

Representation in Arrest Procedures

The attorney will fight against unnecessary arrest, argue for release under less restrictive conditions, and defend the rights of the detainee.

Conducting Negotiations with Prosecution Authorities

The attorney will examine the possibility of closing the file, reducing the severity of charges, or achieving a lenient plea agreement, while conducting professional negotiations with the prosecution.

Preparing the Case for Trial and Building a Defense Strategy

In-depth analysis of the evidence material, identifying flaws in the investigation or in the prosecution's evidence, collecting exonerating evidence, and locating defense witnesses and experts.

Professional and Assertive Representation in Court

Managing the defense in the best possible way, effective cross-examination of prosecution witnesses, and presenting convincing legal arguments.

Sentencing Arguments and Representation in Appeal Procedures

In case of conviction, presenting mitigating circumstances and convincing arguments for sentence reduction. If necessary, conducting an appeal procedure.

Sexual offense attorneys require unique skills: absolute discretion, high sensitivity to the circumstances of the case and all involved, maximum thoroughness in analyzing evidence, and excellent litigation and negotiation abilities.

Consequences of Conviction for Sexual Offenses

Conviction for a sexual offense carries severe and far-reaching consequences, beyond the immediate criminal punishment:

• Criminal punishment: Actual imprisonment (for varying periods, sometimes very long), suspended imprisonment, financial fines, and obligation to compensate the victim of the offense.
• Criminal record: A criminal record can severely limit employment opportunities (especially in certain professions and in the public sector), obtaining various licenses (such as a weapon license), obtaining visas to certain countries, and more.
• Public Protection from Sexual Offenses Law: This law allows the imposition of supervision measures and restrictions on released sex offenders, and even periodic dangerousness assessment.
• Sex offender registry: In certain cases, conviction for a sexual offense requires registration in a dedicated registry, accessible to certain parties.
• Social and personal harm: Conviction for a sexual offense causes severe damage to reputation, social status, family and interpersonal relationships, and can lead to social isolation.

Summary: Proper Handling Begins with Choosing Appropriate Legal Representation

Dealing with accusations of sexual offenses is a difficult and complex journey. The psychological pressure, fear of the future, and complexity of the criminal procedure require obtaining professional help without delay. Early contact as soon as possible with an experienced attorney with reputation and sensitivity is the first and most correct step to ensure optimal legal defense, protect your rights, and attempt to navigate the procedure in the best possible way.

The LawReviews website team hopes that the review we presented helped clarify aspects of the complex and sensitive topic of sexual offenses. We emphasize that optimal legal handling in these cases requires consulting with professional and discreet advice from an attorney with specific expertise in the field. Our website provides you with a database of experienced and recommended attorneys in this field, alongside verified opinions that will assist you in making a choice.