Sodomy

Introduction: the place of the offense within the hierarchy of sexual offenses

Israeli law treats sexual offenses seriously because of the harm to the body, autonomy, and psyche. Since amendment no. 152 from 2025, the separate offense of sodomy has been repealed, and the acts that were included in it are examined within the framework of penetration offenses, including rape. The maximum penalty for rape is 16 years of imprisonment, and in aggravated circumstances — 20 years; these are maximum penalties and not an automatic sentencing range. The actual sentence and the possibility of a supervision order after release are examined according to the provisions of the law and the circumstances of the case.

What is sodomy?

Since amendment no. 152 to the Penal Law in 2025, the definition of penetration in section 345(c) includes:

Penetration of a body part or object into a woman’s sexual organ or a person’s anus, as well as insertion of a sexual organ into a person’s mouth.

The historical term sodomy referred to anal penetration or the insertion of a sexual organ into the mouth. Today, these acts are included in the statutory definition of penetration, and the offense of rape can be committed against a man or a woman. For penetration into the anus, a body part or object may be used; the alternative of penetration into the mouth refers to insertion of a sexual organ.

The name of the offense is taken from the biblical tradition: in the city of Sodom, its residents were said to engage in relations not in the natural manner, a ground that constituted one of the reasons for the city’s destruction. From this comes the expression referring to violent, humiliating, and degrading sexuality.

Penalties for sodomy

The maximum penalty depends on the offense and the circumstances: for the relevant penetration offenses, maximum penalties of 3, 5, 16, or 20 years of imprisonment have been prescribed, among others. In felony-type offenses, there may be a right to a hearing before the filing of an indictment, subject to the conditions and exceptions under the law. This is an opportunity that should be used, and years of experience in the Tel Aviv District Attorney’s Office show how much intervention at this stage can change outcomes. Anyone who comes to a hearing without an experienced criminal lawyer loses one of the most significant opportunities in the entire proceeding.

Beyond the prison sentence, a person convicted of this offense is forced to deal with several additional proceedings:

A supervision order for sex offenders, under the Protection of the Public from Sex Offenders Law, the court may impose an order that restricts and supervises the convicted person even after he has finished serving his sentence. Sex offenses are the only offenses in which the offender continues to pay a heavy price even after release from prison.

The "Tzur" Supervision Unit, a unit of the Prison Service whose inspectors monitor the released person and ensure compliance with the conditions of the order. Violation of the order leads to an additional criminal proceeding.

Sexual dangerousness assessment, carried out by experts from the Mental Health Center (Maban). The level of risk, low, medium, or high, affects deduction of one-third of the sentence, eligibility for furloughs, and more.

Dedicated treatment for sex offenders, during imprisonment and afterward the convicted person is required to undergo individual, group, and sometimes even medication-based treatment.

A conviction for a sex offense is a life-changing event. Anyone questioned on suspicion of this offense must not speak with investigators before receiving legal advice from an experienced criminal lawyer.

Sodomy involving a minor

Penetration of a boy or girl who is 14 but not yet 16, as well as penetration at ages 16 to 18 through exploitation of relations of dependency, authority, education, or supervision, or through a false promise of marriage, may constitute an offense under section 346(a), for which the maximum penalty is 5 years' imprisonment. There is no general presumption that turns every relationship of authority into exploitation for the purpose of this section. Section 353 provides a defense when the age gap does not exceed three years, there was consent, and the act was committed in the course of ordinary friendly relations and without exploitation of the defendant's status.

Penetration of a person under 14 is included in the offense of rape even if consent was given. The basic maximum penalty is 16 years' imprisonment; under the aggravating circumstances set out in section 345(b), the maximum penalty may reach 20 years.

Sodomy between adults

In employment and service relationships, section 346(b) prohibits penetration of a woman or man who is 18 through exploitation of authority. The maximum penalty is 3 years' imprisonment. The power relations and the actual exploitation of authority must be examined; the absence of direct organizational subordination does not necessarily end the inquiry.

Section 347Aleph deals with penetration by a mental health therapist of an adult patient during treatment and within three years of its end, when the consent was obtained through exploitation of genuine emotional dependency originating in the treatment. The maximum penalty is 4 years' imprisonment. The law defines a mental health therapist also as someone who presents himself as such; regarding a psychologist, psychiatrist, or social worker, or someone impersonating one of them, the circumstances of the section establish a presumption regarding acts during treatment, subject to the exception in the law.

In rabbi-believer relations, the prohibition also applies to a rabbi or clergy member who exploits a believer's emotional dependency during counseling or guidance. Many cases in this field have led to indictment and conviction.

Sodomy under aggravating circumstances

Following Amendment No. 152, section 347 was repealed and the acts are examined under the current penetration offenses. Section 345(a) includes, among other things, penetration without free consent, by deceit regarding the identity of the perpetrator or the nature of the act, of a person under 14, or through exploitation of states of inability to consent specified in the law; the maximum penalty is 16 years' imprisonment. Separate aggravating circumstances, listed in section 345(b), may raise the maximum to 20 years.

Under the current definition, anal penetration without consent may constitute the offense of rape even when there was no vaginal penetration. This applies to a female victim and a male victim, subject to proof of the elements of the offense.

Compensation for the victim of the offense

As part of the criminal proceeding, the court may award, alongside the prison sentence, compensation to the victim as well. The maximum compensation in the criminal proceeding is about 250,000 NIS, and in addition it is possible to claim up to 120,000 NIS more without proof of damage under the Prevention of Sexual Harassment Law. The compensation is derived from the suffering caused to the victim during the act, the harm accompanying the victim from then until today, and the need to deter sex offenders. It is important to know: compensation awarded in the criminal proceeding does not prevent filing a separate tort claim.

Legal representation in sodomy cases

Israel Arama, former member of the Tel Aviv District Attorney's Office, represents suspects, defendants, and victims of sex offenses of this type, from the initial investigation stage through the conclusion of the proceeding. Deep familiarity with the way the prosecution works from the inside enables early identification of weak points in the indictment and optimal use of the hearing process, a stage that sometimes determines the fate of the entire case. If you are suspected of this offense, or if you were harmed by it, do not wait. Contact us for an initial consultation with no obligation.