Sex Offenses and Sexual Harassment

Prohibited intercourse by consent

What is the offense?

Section 346 of the Penal Law is now called prohibited penetration. Penetration of a minor, male or female, who is 14 or older but has not yet turned 16, even with consent, may constitute an offense punishable by a maximum of 5 years' imprisonment. The same maximum applies at ages 16 to 18 when the act is committed through exploitation of relations of dependence, authority, education, or supervision, or through a false promise of marriage. The defense under Section 353 and the other circumstances of the case must also be examined.

Exploitation of authority over an adult woman

Section 346(b) also applies to adults: penetration of a woman or man who is 18 or older through exploitation of authority in employment relations or in service, or due to a false promise of marriage while pretending to be unmarried despite the perpetrator being married, may constitute an offense punishable by a maximum of 3 years' imprisonment. The elements of the relevant alternative must be proven; the section does not create a general presumption that shifts to the defendant the burden of proving consent in every workplace relationship.

Why is even full consent not a defense?

Consent alone does not necessarily negate an offense that depends on age or on exploitation of power relations. However, Section 353 provides a defense to a charge under Section 346(a) when the age difference does not exceed three years, there was consent, and the act was committed in the course of a normal friendship and without exploitation of the defendant's status. In other cases, the proof of age, authority relations, exploitation, and the mental element must be examined according to the offense; these are issues that require precise legal examination.

Legal representation

Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in sex offenses, including sensitive authority-relationship cases in workplaces. Contact for an initial consultation without obligation before the investigation.

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.

Pimping for acts of prostitution

Introduction: the legal system’s approach to prostitution and pimping offenses

The Israeli legislature devoted an entire sign to the subject of prostitution and pimping, Sign Yod in Chapter Het of the Penal Law, which deals with the order of government and society. The sign includes fifteen sections spread across dozens of subsections, defining prostitution and pimping offenses in great detail. This fact alone indicates the way the legal system views these offenses, as especially serious, and its willingness to act to eradicate them.

What is pimping for acts of prostitution?

A pimp is a person who relies, wholly or in part, permanently or temporarily, on another person’s prostitution earnings for his livelihood. The definition in Section 199 of the Penal Law is intentionally broad: it does not matter whether the consideration received by the pimp was cash, property of monetary value, a service, or any other benefit; it does not matter whether the consideration came from the client himself or from another party; and it does not matter whether the reliance on the earnings was full or partial, permanent or time-limited. It is enough that the prostitution earnings constitute part of the defendant’s sources of income, even for a short period, for the offense to be established.

In most cases, the pimp manages the business affairs of the person engaged in prostitution, provides her with protection from clients and from other pimps, and in return takes a significant share of her income. He is also often the one who recruited her for the work in the first place, and later prevents her from leaving even when she wishes to do so. These relationships are characterized, in most cases, by severe exploitation.

The presumption of pimping, reversal of the burden of proof

Section 200 of the Penal Law establishes a legal presumption of dramatic significance: a man who lives with a prostitute, regularly accompanies her, or exercises supervision or influence over her for the purpose of pushing her to engage in acts of prostitution is presumed to derive his livelihood from her earnings.

The meaning of the presumption is a reversal of the burden of proof: instead of the state proving the defendant’s guilt, the defendant is required to prove his innocence. The right to remain silent, which exists in every criminal proceeding, is emptied in this situation of its practical content, since silence will not lead to acquittal. The reason for the legislature’s choice of this practice is clear: it is very difficult to prove that a person who lives with a prostitute and does not work is not living off her earnings. Anyone who finds himself in such a situation cannot afford to conduct the proceeding without experienced legal advice from the very first moment.

The penalties prescribed by law

The penalties prescribed by law are maximum penalties; the court may impose up to the prescribed ceiling, according to the specific circumstances:

Section 201, causing a person to commit an act of prostitution (consumption): up to 5 years of imprisonment. Section 202, causing a person to engage in prostitution (pimping): up to 7 years of imprisonment.

When the offenses were committed through exploitation of relations of authority, education, supervision, or dependency, or through exploitation of distress, the maximum penalty increases to up to 10 years of imprisonment for each offense.

When the offenses were committed through the use of force, threats, pressure, exploitation of a mental limitation, or with consent obtained by deceit, the maximum penalty increases to up to 16 years of imprisonment.

It is important to remember: a conviction may be entered for more than one offense simultaneously, which allows the court to impose a significant penalty even below the ceiling prescribed for each section separately.

Cases from the case law

In Criminal Appeal 1321/81 - a man who lived with a woman engaged in prostitution was convicted of pimping. The woman testified in court that she used to give him "pocket money" for entertainment and personal expenses, and in addition he was not employed during that period. The court held that these two facts were sufficient to prove the elements of the offense, applied the presumption of pimping, and since the defendant did not meet the burden of proving his innocence, he was convicted.

In Criminal Appeal 3520/91, a woman who operated an apartment in Tel Aviv under the cover of a "massage institute," where women engaged in prostitution, was convicted and sentenced to 6 months of actual imprisonment. The woman published newspaper advertisements to promote the place, and part of the payments received by the women was transferred to her pocket. Her claims that she did not know what was taking place in the closed rooms were rejected both by the District Court and by the Supreme Court.

Both cases illustrate how far the court is prepared to go in convictions of this kind, and how difficult it is to contend with the presumption of pimping without professional legal representation.

Legal representation in pimping and prostitution cases

Pimping cases present the defendant with a unique challenge: the presumption of pimping established by law, combined with the reversal of the burden of proof, creates a situation in which the defendant requires active and early representation, not in order to "try his luck," but to build a proper defense from the very first stage. Israel Arama, a former member of the Tel Aviv District Attorney’s Office, is familiar with the way the prosecution builds cases of this type, and knows where the weak points lie. If you are suspected of prostitution or pimping offenses, do not face questioning without legal advice. Contact us for an initial consultation with no obligation.

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.

The punishment that continues after the punishment

A person convicted of a sex offense does not settle his account with the law on the day of release. The Law for the Protection of the Public from the Commission of Sex Offenses, Tashsav-2006, created a system of supervision and monitoring that accompanies the convicted person for years after serving the sentence: risk assessment, a supervision order, employment and residence restrictions, and a dedicated supervision unit.

Risk assessment

At the end of the process, the convicted person is sent for a sexual risk assessment by certified evaluators (Maban). The assessment determines the level of risk: low, medium, or high, and it affects everything: prison conditions, early release, furloughs, and of course the scope of supervision after release. It is possible and advisable to prepare for the risk assessment: a counter-opinion from an expert on behalf of the defense can change the picture.

The supervision order and its restrictions

The court is authorized to impose a supervision order for a period of up to 5 years at a time, and it may be extended up to 20 years in total. The order may include: a prohibition on working with minors, a prohibition on approaching educational institutions, restrictions on internet use, a duty to report place of residence and work, and meetings with a supervision officer from the Prison Service's "Tzur" unit. Violation of the order's conditions: a criminal offense punishable by up to two years' imprisonment. At the same time, the Employment Restrictions Law prohibits persons convicted of sex offenses against minors from working in the institutions listed in the law.