Sexual Harassment at Work – Suspect, Employer or Victim? What You Need to Know

Exploitation of authority relationships

What is exploitation of authority relationships?

Authority relationships are relationships in which one side holds power, authority, or influence over the other side: employer and employee, commander and female soldier, lecturer and female student, therapist and female patient, rabbi and female believer. The law provides that sexual acts committed through exploitation of these relationships constitute a criminal offense even when verbal consent was given, since the consent is tainted by the power gaps.

The legal framework

Penetration through exploitation of authority in employment relations: up to 3 years' imprisonment under Section 346(b). An indecent act through exploitation of authority: up to 2 to 4 years' imprisonment under Section 348, depending on age and circumstances. Sexual harassment through exploitation of authority: under the Prevention of Sexual Harassment Law, repeated propositions and sexual references toward a subordinate do not require an expression of non-consent, unlike harassment between equals. And on the disciplinary level: proceedings in the Civil Service Commission, professional chambers, and disciplinary committees.

Expansion of the case law

The courts have expanded the concept of "authority" beyond direct subordination: this also includes a senior figure who is not the direct supervisor, an influential figure in the organization, and someone who has a real ability to affect the employee’s status and future. On the other hand, not every relationship between a senior figure and a junior employee constitutes exploitation: a causal link is required between the status and the consent. This is precisely the central point of the defense.

Legal representation in authority cases

These cases are especially sensitive: they involve the workplace, reputation, family, and at times the media. Advocate Israel Arama, a former member of the Tel Aviv District Attorney’s Office, handles these cases with complete discretion, from the investigation stage or the first internal inquiry. Contact us for an initial consultation with no obligation.

Sexual harassment

What does the Prevention of Sexual Harassment Law provide?

The Prevention of Sexual Harassment Law, Tashnah-1998, defines six prohibited behaviors: sexual extortion by threats; indecent acts; repeated proposals of a sexual nature to someone who has shown that they are not interested; repeated references focused on sexuality; degrading or humiliating treatment regarding a person's sex or sexual orientation; and publication of a photograph or video focused on sexuality without consent (the videos law). Toward minors, helpless persons, patients, and subordinates in relationships of authority, there is no requirement to show lack of consent: the act itself is prohibited.

Three parallel tracks

Sexual harassment gives rise to three possible proceedings: criminal, a penalty of up to two years' imprisonment for harassment, up to 3 years for retaliation, up to 4 years for their combination, and up to 5 years under the videos law; civil, a compensation claim of up to 120,000 NIS without proof of damage, from each harasser and for each act; disciplinary, proceedings in the workplace, which the employer is required by law to conduct. The proceedings are not dependent on one another, and a person may face all three simultaneously.

Investigated or sued for sexual harassment?

The legal distinctions are fine: when courtship becomes harassment, what counts as "showed that they are not interested," and when an expression constitutes prohibited humiliation. These are questions whose answers depend on evidence, context, and wording. Do not respond to an employer's inquiry, do not answer a complaint, and do not give a statement to the police before receiving advice: a response written under pressure becomes the main evidence against you.

Legal representation in sexual harassment cases

Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents respondents, suspects, and defendants in all three tracks, as well as complainants in realizing their rights. Contact us for an initial consultation with no obligation.