{"id":93373,"date":"2023-06-30T00:53:24","date_gmt":"2023-06-29T21:53:24","guid":{"rendered":"https:\/\/lawoffice.org.il\/?p=93373"},"modified":"2023-07-25T17:33:37","modified_gmt":"2023-07-25T14:33:37","slug":"suing-for-sexual-harassment-in-israel","status":"publish","type":"post","link":"https:\/\/script_transfer_new.mowfns.ap-southeast-2.wpstaqhosting.com\/en\/suing-for-sexual-harassment-in-israel\/","title":{"rendered":"Suing for Sexual Harassment in Israel: A Comprehensive Guide"},"content":{"rendered":"

Unfortunately, sexual harassment is a societal scourge in Israel, as it is in many countries worldwide. The Israeli legal system offers several avenues for victims to seek justice. In this article, we’ll discuss the legal framework when suing for sexual harassment in Israel.<\/span><\/p>\n

\u05d3\u05e7\u05e8, \u05e4\u05e7\u05e1, \u05dc\u05d5\u05d9, a leading law firm based in Jerusalem and Tel Aviv, can help victims navigate the challenging process of suing for sexual harassment.<\/span><\/p>\n

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Legal Framework for Sexual Harassment in Israel<\/b><\/h3>\n

Israel has two primary laws that address sexual harassment: the <\/span>Prevention of Sexual Harassment Law (1998)<\/span><\/a> and the <\/span>Civil Wrongs Ordinance (1968)<\/span><\/a>. The Prevention of Sexual Harassment Law specifically targets sexual harassment and retaliation by the harasser. This law outlines various prohibited behaviors, such as unwelcome sexual advances, sexual extortion, and creating a hostile work environment. The Civil Wrongs Ordinance, on the other hand, is a broader law that allows victims to <\/span>seek compensation<\/span><\/a> for harm caused by another’s wrongful actions, including sexual harassment.<\/span><\/p>\n

Is Sexual Harassment a Crime or a Civil Tort in Israel?\u00a0<\/b><\/h3>\n

Sexual harassment and retaliation against victims who speak out are defined in Israel as both <\/span>civil wrongs<\/span><\/a> and crimes. Therefore, the harassment victim has two possible tracks they can pursue. They can either begin the process by filing a criminal complaint with the police or choose the purely civil track and file a <\/span>personal lawsuit<\/span><\/a> against the victimizer. The legal procedures in the criminal courts and the civil courts are very different from each other. The statute of limitations, the burden of proof, and the judicial remedies differ. Before deciding whether to begin the judicial process and which track to choose, seeking professional legal counsel from an <\/span>Israeli attorney<\/span><\/a> is essential.<\/span>Our law office can provide experienced legal consultations on how to deal with such dilemmas.\u00a0\u00a0<\/span><\/p>\n

The Criminal Complaint Route<\/b><\/h3>\n

When filing a sexual harassment complaint with the Israel Police, the victim has the right to choose the gender of the police officer who will record their complaint. In criminal cases, there is a five-year statute of limitations, after which the victim cannot file a criminal complaint for a misdemeanor. However, in the case of egregious sexual harassment (e.g., retaliation or threats against the victim to not come forward), the crime is considered a felony. It, therefore, is subject to a ten-year statute of limitations. In both cases, there are notable exceptions that apply. Consider consulting a lawyer before choosing which option is best for you, especially if some time has passed since the abusive act.\u00a0<\/span><\/p>\n

Criminal Trials for Sexual Harassment in Israel<\/b><\/h3>\n

In criminal cases, the victim is not the plaintiff. Instead, the victim is considered a witness, whereas the state is the prosecutor. Accordingly, the state prosecutor is the party that decides whether to indict the perpetrator with a crime or not. The perpetrator can only be sentenced to prison in criminal court cases.<\/span><\/p>\n

However, after a criminal case has been closed, the victim can proceed with a civil lawsuit regardless of whether there was a conviction or an acquittal or whether the perpetrator was ever indicted.
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Civil Suits for Sexual Harassment in Israel<\/b><\/h3>\n

Victims can file a civil lawsuit for damages as a follow-up to a criminal conviction or as an independent legal recourse. The primary remedy offered by a civil case is the potential for monetary compensation, providing victims with a means to address the harm they have suffered. These victims can be awarded up to 120,000 NIS in damages without proving specific monetary harm. This is in addition to <\/span>compensation<\/span><\/a> for any measurable damages incurred by the sexual harassment.\u00a0<\/span><\/p>\n

Our law firm has offices in Jerusalem and Tel Aviv. Its experienced civil lawyers can help you receive the compensation you deserve – whether through a civil trial, negotiations, or mediation.<\/p>\n

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The Statute of Limitations in Civil Cases<\/b><\/h3>\n

Suing for sexual harassment in Israel’s civil courts has undergone significant changes in recent years. Previously, a three-year statute of limitations limited victims’ time to pursue legal action. However, this limitation has been extended to seven years, on par with most other civil wrongs, allowing victims a longer window to seek justice. In some cases, this period is extended, especially if the victim was a minor when they were harassed. Consult an Israeli civil attorney regarding the statute of limitations for your case.<\/span><\/p>\n

The Burden of Proof<\/b><\/h3>\n

In Israeli law, the prosecutors in a criminal case must prove the defendant’s guilt beyond reasonable doubt for the judge to convict the perpetrator. Conversely, when suing for sexual harassment in Israel’s civil courts, the victim must demonstrate that their account of the events is more probable than the harasser’s account. In other words, the victim’s legal counsel must prove that there is a 51% probability that the sexual harassment occurred, not a 99% certainty.\u00a0 \u00a0<\/span><\/p>\n

The Responsibility of the Employer<\/b><\/h3>\n

Far too often, a victim experiences sexual harassment at their workplace. The Israeli <\/span>Prevention of Sexual Harassment Law (1998)<\/span><\/a> recognizes that an employer must guarantee safe working conditions free of harassment and hostility. The employer must manage cases of harassment in an efficient and timely manner and implement administrative regulations and preventative safeguards. If an employer is <\/span>negligent<\/span><\/a> in fulfilling these duties, they are complicit in the harmful tort and can be sued for the damages inflicted.\u00a0<\/span><\/p>\n

Filing a Sexual Harassment Claim in Israel in 3 Steps<\/b><\/h3>\n

When suing for sexual harassment in Israel, victims should follow these three steps:<\/span><\/p>\n

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  1. They should discuss the case’s legal merits with an attorney specializing in Israeli civil law. Together, they will determine the best course of action.<\/span><\/li>\n
  2. The victims and their legal counsel must prepare and submit a written complaint to the court detailing the incidents of sexual harassment and the damages sought.<\/span><\/li>\n
  3. The accused harasser should be notified about the complaint and provided an opportunity to respond.<\/span><\/li>\n<\/ol>\n

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    Gathering Evidence for Your Sexual Harassment Claim<\/b><\/h3>\n

    To build a solid sexual harassment case<\/span><\/a>, victims must gather and present evidence to support their claims. This may include:<\/span><\/p>\n