Section 351 of the Penal Law imposes harsher treatment for sexual offenses within the family.
The legislature's extreme severity
Section 351 of the Penal Law imposes harsher treatment for sexual offenses within the family. Rape of a minor family member, or a helpless person for whom the perpetrator is responsible, carries a maximum sentence of 20 years' imprisonment. Penetration of a family member who is 14 or older and has not yet reached 21 carries a maximum of 16 years. For an indecent act involving a minor family member or such a helpless person, the maximum may be 5, 10, or 15 years, depending on the alternative and the circumstances. The definition of a family member in the law includes various relationships and sometimes age conditions; the precise definition applicable to the case must be examined.
Special limitation period
Because harm may come to light years after the acts, Section 354 establishes special limitation arrangements for the offenses listed in it. In the version following the amendment of the year 2026, the counting of the period in family offenses and in certain cases of responsibility begins at age 34, and for another group of offenses detailed in the section — at age 33. In certain cases, the approval of the Attorney General is required. The amendment provisions also apply to offenses that had not yet become time-barred when it entered into force; the ages alone do not justify concluding that every old offense can still be prosecuted. The type of offense, the date of its commission, and the transitional provisions must be examined.
The evidentiary complexity
These cases often rest on the sole testimony of the victim, sometimes without any external evidence and after years have passed. On the other hand, delayed memory and family dynamics (inheritance disputes, divorce, estrangement) carry weight in assessing credibility. Children's investigations are conducted through child investigators, and the admissibility of the testimony is subject to special rules. These are cases that require management that is both professional and sensitive, on both sides of the divide.
Legal representation
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects, defendants, and victims in family sexual offense cases, with absolute discretion. Contact us for an initial consultation with no obligation.
The legislature's extreme severity — what is important to know?
Section 351 of the Penal Law imposes harsher treatment for sexual offenses within the family. Rape of a minor family member, or a helpless person for whom the perpetrator is responsible, carries a maximum sentence of 20 years' imprisonment. Penetration of a family member who is 14 or older and has not yet reached 21 carries a maximum of 16 years. For an indecent act involving a minor family member or such a helpless person, the maximum may be 5, 10, or 15 years, depending on the alternative and the circumstances. The definition of a family member in the law includes various relationships and sometimes age conditions; the precise definition applicable to the case must be examined.
Special limitation period — what is important to know?
Because harm may come to light years after the acts, Section 354 establishes special limitation arrangements for the offenses listed in it. In the version following the amendment of the year 2026, the counting of the period in family offenses and in certain cases of responsibility begins at age 34, and for another group of offenses detailed in the section — at age 33. In certain cases, the approval of the Attorney General is required. The amendment provisions also apply to offenses that had not yet become time-barred when it entered into force; the ages alone do not justify concluding that every old offense can still be prosecuted. The type of offense, the date of its commission, and the transitional provisions must be examined.
The evidentiary complexity — what is important to know?
These cases often rest on the sole testimony of the victim, sometimes without any external evidence and after years have passed. On the other hand, delayed memory and family dynamics (inheritance disputes, divorce, estrangement) carry weight in assessing credibility. Children's investigations are conducted through child investigators, and the admissibility of the testimony is subject to special rules. These are cases that require management that is both professional and sensitive, on both sides of the divide.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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