Yoram

Rabin

Raping the law

other person (adopting the interpreta- ently the well-known rule that "criminal tion that the other person in this case is law is designed to guide the behavior of the victim herself). ordinary peopleand therefore it must served against him in the Petah Tikva The attempt to adaptclassic crimes and simple speakin ordinary language" District Court, he would pretendto be from criminal law to the Internet era has been eroded and forgotten, and the contact underagegirls boy of ,51 by gives rise to varied and interesting State Prosecutor's Office does not act in means of socialnetworks and persuade problems. In this case, the "legal stew" accordance with it. Moreover, trying them to carry out sexual acts on their that was created does not seem to be person for rape under the circumstancown bodies in front of the Internet successful one. The inter- es described here constitutes cheapparticularly cameras. The State Prosecutor's Ofthat seducingminors from pretation eningof the crime of rape, in manner fice at firstconsidered trying him only afar via the Internet to commit sexual that undermines publicconfidence in for crimes of indecent acts in public acts on theirbodies,without the penetra- criminal law. and sexual harassment, but eventually tion of sexual organ, and without coerThere is dangerthat because of the decided to accuse him of rape as well. cion even ifthe consent was obtained indictment for rape the accused will and ostensibly fraudulently is rape, seems be publicly labeled as even if Formally speaking, strange to rapist, at least, it seems that the acts could me, not to say unrealistic he is acquitted of this crime and is convicted of lesser crimes of indecent acts and sexual harassment. There is no apfor that.If the legThe that minors parent justification islatorwants us to relate to people like via the Internet to commit sexual acts Sabah deserve peoplewho certainly to be subject to criminal law as rapon their bodies, without the ists, itis invited to updatethe crime of sexual organ and without coercion ...is rape, includes quite rape, which in any case number of alternatives,and to add an seems to me, not to say unrealistic alternative called "rape from afar." As longas he hasn't done so, the proposed constitute crimes of rape, due to comIt is completely clear that the Israeli interpretation of the existing law is far bination of three legalinstructions: did not anticipate an indictfrom beingclear and logical. legislator one, the instruction to the effect that ment for the crime of rape based on the It is not the jobof the State Prosecuconsensual intercourse will be considcombination of the three abovementor's Office to cook up such creative ered rape if the accused obtained that tioned legal instructions,and itis clear dish and to call the surfer "rapist," consent after fakinghis that had he been asked he would have even ifhe isfar from beingan innocent fraudulently, this interpretation. This inter- surfer.As long as that has not been done, (a law that is controversial in identity rejected the second, the instruction to the is also too far removed from and the law has not been amended, the itself); pretation effect that intercourse is penetration the usual everydaymeaning of the exfacts in the indictment do not establish of an object or one of the bodily the crime of raping minor, and serving organs pression rape, as itisunderstood by any into the woman's sexual organ (andnot the indictment as such seems more like ordinary person. And now we have to ask why the State crime of raping the law. onlythe penetration by sexual organ); and third,the instruction that in sexual Prosecutor's Office feels obligated to crimes the accused will be considered serve an indictment for the most seriRabin is the dean of the law Prof. to have committed the act, even if he ous crime possible, even ifitis theoschool in the College ofManagement caused the act to be perpetrated retical and unrealistic option. Academic Studies, Rishon Letzion by an Appar

interpretation afar

seducing

from

penetration of

strange