Legal Support

What does "legal support" mean for victims of sexual assault?

The law grants many rights to victims of sexual assault throughout the different stages of the criminal process—even as early as the stage of filing a police report and throughout the legal process. Many victims, due to the nature and trauma of sexual assault, are out of balance and in a state of mental shock.They are unfamiliar with the legal process and their rights, and therefore don’t know what to request or what they are entitled to. This is where the legal department of the Israeli Center for Safety comes in. First and foremost, we aim to provide professional writing assistance for legal complaints alongside the therapeutic support offered at the center.
Our main goal is to inform victims, at the right moment, of their rights—whether at the moment of crisis or later—so that they can assert their rights and do so in accordance with their wishes. As part of our legal support and representation, the center mediates and coordinates communication with the authorities responsible for enforcing the law, helping victims navigate the system. We also aim to make the legal process more accessible for victims and to support them through each step.

The legal rights of victims of sexual assault are divided chronologically into the following stages:

• Police investigation
• Rights granted during the legal proceedings
• Rights granted at the end of the legal process and thereafter

• Main Rights During the Investigation Process
  
• In cases of sexual assault of minors under the age of 14, the investigation must be conducted by a specially trained child investigator. These investigations take place in child protection centers or in the educational institution where the minor studies, not at a police station.
• When filing a complaint with the police in a sexual assault case, the survivor may request the gender to the child investigator assigned to her/his case.
• The investigation should be conducted with sensitivity and at a time and place that suits the survivor.
• A minor survivor summoned for questioning has the right to be accompanied by a support person of their choice during the investigation, depending on the situation, to avoid further trauma to the victim.
• As part of the services offered by he center, the survivor will be accompanied by a legal representative from the Israeli Center for Victims of Sexual Assault during the testimony process.
• During the investigation, investigators are strictly forbidden to ask survivors whether they enjoyed the sexual act (unless it is critically relevant to the investigation).
• It is emphasized that in cases of rape or other forms of sexual assault where the act was committed in the last fe hours a days, it is recommended that the survivor visit a sexual assault crisis center (Room 4) located in hospitals across the country. Room 4 allows for immediate medical, psychological, and forensic treatment and documentation that can be used for future legal proceedings (collection of DNA samples, etc.).
• It should be emphasized that conducting the initial exam by means of a rape kit is not contingent upon receiving a complaint with the police (except in cases where reporting is legally required).

 However, there may be cases in which, during a police investigation or in criminal proceedings, for the purpose of investigation, the victim of the offense will be asked to remove the therapeutic confidentiality of these materials for reasons of relevance, investigation of the truth, or defense of the accused. In this context, it should be noted that in April 2023, the Knesset amended the Law of Evidence on Medical Confidentiality to further protect victims

• According to this amendment, the court may only consider such therapeutic materials if they directly and materially affect the core of the case, and not for general character profiling or credibility challenges.
• In this framework, a sexual assault victim has the right to consult with an attorney on whether to waive therapeutic confidentiality, especially when the waiver has already been requested during the police investigation.
• It’s important to stress that the sexual assault victim has the right to refuse to disclose therapeutic materials, and this refusal cannot be held against them.
• A sexual assault victim has the right to express opposition in court to the request to waive therapeutic confidentiality.
• A sexual assault victim has the right to be accompanied by a professional when expressing their stance in court regarding the request.
•  A discussion on whether to waive therapeutic confidentiality must be held in closed chambers.
• A sexual assault victim has the right to be accompanied by a support person of their choice during this discussion.
  
  

As part of the service – the Center’s attorney, in coordination with the prosecutor’s office, will review the materials and approve their disclosure, in coordination with a professional attorney and in agreement with the victim’s position, and only then will they be transferred for the defense hearing.
If it is decided to close the case without filing an indictment – the victim has the right to appeal the decision within 60 days of receiving the decision from the state attorney’s office. In this case, access to the core investigation material is granted as part of the decision, and it is possible to examine the discretion of the body that closed the case and potentially reopen the case under a new legal framework. A request to submit an appeal through the Israeli Center for Victims is made in two stages. In the first stage, and after receiving the investigation materials, the Center’s legal department will review the materials, and only if the Center’s attorney is convinced there is a chance of a successful appeal – a professional legal opinion is submitted by a Center attorney. The reason for this is our painful experience that a baseless appeal harms victims. We’ve been approached by professionals for many years, saying that in weak cases there’s no real chance of overturning the closure decision, and that the emotional toll on a victim questioned again by the defense and prosecution is extremely difficult and includes significant financial costs as well.

Legal Accompaniment for Victims of Assault During the Criminal Process

• The law protects victims of sexual assault by prohibiting publication of any detail that may lead to their identification, and in most cases, hearings are held in closed courts.
• The prosecution and authorities may decide to file charges against the accused (the defendant), and may do so even without the consent of the victim of the assault. How the charges are filed and what rights the victim has to appeal the decision are also determined.If the victim of the crime needs special accommodations while in court to prevent contact or communication between him and the offender or someone on his behalf, this can be requested in advance (a designated waiting room, escorted by a security guard to the courtroom, etc.)
• Legal accompaniment for minors and those emotionally vulnerable in court proceedings: note that in order to prepare the victim for testimony, we recommend arriving early at the courtroom to reduce the pressure of testifying on the day itself.As a general rule, the court will not allow questions to be asked about the sexual past of the victim of the crime unless it deems it absolutely necessary to clarify the matter.
• In certain cases, the victim requires special accommodations while giving testimony in court to prevent trauma, such as maintaining visual or physical separation between the victim and the accused. It is possible to request to testify from a separate room (a “witness room”) or with physical barriers.
• A minor victim may request not to hand over their evidence directly to the accused (even if it is a closed court case), but only through the judge and legal representatives.
• In general, the judge may not ask the victim about their sexual history unless the matter is directly relevant to the case. A victim of assault has the right to present their stance on sentencing. This can be done at the sentencing stage in court and is taken into consideration by the judge when deciding the punishment.
• It is possible to submit a written victim statement or deliver it orally in court. In cases where the accused is a minor, the court must consider the harm caused and the needs of the victim.
• A victim of assault has the right to object to a plea bargain or to express support for it. The prosecution must inform the victim of the plea bargain at least 14 days before the hearing to allow them time to consider and object.
• it is important to note that the prosecution is obligated to allow the victim of the offense to present their position, but is not obligated to accept it. The prosecution may reach a plea deal with the defendant despite the victim’s opposition to the arrangement.
• After and in light of an administrative decision by the authorities, it is possible for the victim to appeal the decision that approved the plea deal and request the court to cancel the plea deal.
• During the sentencing stage, after the defendant has been convicted of a sexual offense, the victim has the right to submit a written statement to the court, including the physical and emotional damages caused to them by the offense. It should be noted that the defendant may ask the court to investigate the victim’s testimony. It is important to note that in cases of minor victims, the prosecution can request that the accused not be present in court during the testimony of the victim.
• In specific cases, the law grants victims of sexual offenses the right to request a review of the offense through the Crime Victims Assistance Unit, which will assist in verifying the circumstances and implications of the offense.
• In cases where the defendant submits a motion to delay proceedings in court, the victim has the right to present a position regarding how the process should proceed.

Legal support after the criminal proceedings

• A victim of an offense is entitled to all rights throughout the appeals process as well. In cases where compensation was not awarded to the victim during the trial, the victim may request to file a claim for compensation through the court. Their statement should include the damage caused, and they may attach documentation to support their claim.
• A victim of a serious offense has the right to present a statement to the parole board regarding the early release request of the prisoner (such as a request for parole after serving 2/3 of the sentence or a special early release request). The victim’s statement is usually submitted in writing, and in certain cases, the victim may attend the board hearing and request to deliver a verbal statement.
• A victim of an offense has the right to receive information about the expected release date of the offender from prison, and about the planned end date of the sentence served by the offender.
• A victim of an offense can file a request with the court to issue a restraining order preventing the offender from approaching the victim.
• In cases where the offender submits a request for pardon or sentence reduction, the victim may submit a statement regarding the impact and their position, which will be reviewed by the Ministry of Justice committee responsible for handling pardon requests.

As we’ve seen, the law provides many rights to victims of abuse. We are here to help ensure those rights are upheld and exercised in full, throughout the legal process and beyond. We’ll be by the victim’s side until the end of the legal proceedings — and after.

 Your are yours. The obligation to implement them is ours.