Crime Victims’ Branch

Information for crime victims

Handling of spousal offenses

Handling of sexual offenses

Interrogation of people with disabilities

Functions of the Crime Victims’ Branch

Determining the policy of the Israel Police in handling victims of criminal offenses, while keeping a balance between the needs of the victim and the objectives of the Israel Police. This, in collaboration with community elements.
Professional responsibility for 6 crime-victims’ district officers and for the line of special investigators (170) who deal with spousal violence, interrogation of people with disabilities and investigation of sexual offenses.
Determining a policy for handling the subject of crime victims and for handling spousal violence offenses, while putting an emphasis on risk evaluation, sexual offenses, interrogation of people with disabilities and connection with community bodies.
Development and execution of special vocational trainings on the subjects of domestic violence, sexual offenses and people with disabilities.
Representation in inter-ministerial committees, Knesset committees and the Authority for the Advancement of the Status of Women.
Public appeals and accompaniment of legislative procedure.
National and district conferences of professional forums.
Control, training and guidance for different positions within the units.
Taking part in studies that are related to the Branch.
Giving lectures to different forums (external bodies).
Carrying out Branch projects.
Work with the Community Department in the matter of national victim accompaniment.
Cooperation with elements from the Academy.

Information for Crime Victims

A crime victim will be treated without violation to his dignity as a human being.
A crime victim is entitled to be defended throughout the criminal procedure; to have his personal details safe-kept; to receive information regarding the criminal procedure, the prison term or any other form of custody; to review the indictment; to administer proceedings within a reasonable period of time; to be present in closed-door hearings; to express his opinion regarding the delay of proceedings and plea bargains, parole board and granting a pardon.
Upon the opening of a case, the investigator will determine whether a victim exists, and if one exists – who he is.
The investigator will provide the victim with an information sheet about the criminal proceeding and an information sheet for crime victims.
After the victim’s statement is taken – the investigator will provide the victim with his name, the registration details of the complaint, and the manner in which the victim can obtain information (MENA - crime victims’ information system).
The investigator will provide the victim with an information application form, including a code and a password.
If the crime victim is not the complainant, the investigator will contact him and provide him with the above mentioned details.
When a person dies as a result of a crime, one of his family members will be located, and he shall be then defined as the crime victim and handled as aforementioned.
If the crime victim refuses to receive information, the investigator will provide him with a complaint submission approval and note the victim’s refusal on the information application form.
The investigator will not give a code and a password in the following cases: non-cooperation of the victim, belonging to a crime organization, drugs, bribery crimes, absence of a lead suspect, including unknown-offender cases, with the exclusion of sexual and serious violence offences, etc.
The investigator will provide the victim with a statement form and file it in the investigation file.
In case of a complaint that is taken outside a police station or a complaint that is transferred to another station – the victim will be provided with the criminal procedure information sheet form, the information sheet for crime victims and the information application form to be submitted by the crime victim (signed by the victim). A temporary password will be given to the victim. The investigator in charge will later call the crime victim and provide him with the permanent code and password.
When a person is no longer considered to be a crime victim, the investigator will remove him from the crime victims’ information system and deliver due notification to that person.
In case of sexual and serious violence crimes, information will be provided to the crime victim in private and subject to his/her consent, to be documented in the information application form.
In cases of special populations – the personal code and password will be given to the social worker or to the guardian.
In such cases as stated by law, the details which might serve to identify the victim shall not be divulged to any person, including the defendant and his defense attorney.
The investigator will provide the victim with information regarding crime victims’ aid services. When an inquiry of sexual or violence crimes is in progress, the crime victim shall not be interrogated regarding his sexual history, unless it is necessary for the investigation and subject to the approval of the supervising officer.
A sexual or violence crime victim is entitled to have a person of his choice accompany him during his interrogation, unless such an act jeopardizes the interrogation.

Crime Victims’ Information System – Answering Service

It is obliged, under the Crime Victims’ Rights Law, to provide information to the crime victim and include him in certain procedures, throughout all the stages of the criminal proceeding.
The answering service integrates with the Israel Police existing computer systems. The crime victims’ information system receives its required information from the currently operating computerized systems of the police (the “Pele” system), the arrest information system, etc., and it is connected to the systems of the Israel Prison Service and the State Advocacy. The system provides crime victims with an appropriate, advanced and quick response and raises the quality of service they receive.
Upon receipt of his complaint, the crime victim will receive a system entry code, enabling him to receive information anytime. In certain cases, the victim will be addressed by the system (e.g. in case of release from an arrest which was intended to protect the crime victim).

The Principles of the Crime Victims’ Rights Law

The Crime Victims’ Rights Law, 5761-2001, was published on 21.3.2001.

The Crime Victims’ Branch in the Investigations Division of the Israel Police prepared, in collaboration with the Ministry of Justice, a crime victims’ information brochure.

Crime victims’ brochure

The Criminal Proceeding

What happens during the investigation?

The police investigation proceeding is initiated with the filing of your complaint. The police will locate the suspect, interrogate him, gather additional evidence and put the suspect on criminal trial.

You are entitled to file your complaint in any police station. Nevertheless, your complaint may be transferred to a different unit for treatment and investigation.

When you file a complaint, it is highly important to mention every possible detail. It may happen that you are later reminded of additional details: please, update the police about them without delay.

When you file a complaint, your personal details will be entered into the computerized crime victims’ information system and you will be provided with personal code and password. This will enable you to receive information (by phone or through the Internet) about the stage of the criminal proceeding concerning the crime you were victim to, as well as about your rights as a crime victim and the manner in which the criminal proceeding is conducted.

You should find out and write down the details of the complaint (registration date, log number or case number, report number, etc.). This will enable you to inquire in the future about the results of the complaint or about other matters.

In case you have property that was stolen or damaged, you are entitled to receive from the police a complaint confirmation that you may then submit to your insurance company. The confirmation is usually given during the filing of the complaint.

You may be required, during the course of the investigation, to participate in different investigation activities. Your cooperation is highly important for the attainment of the investigation’s goal. The investigator will try to adjust the date of the aforesaid activity to your timetables.

The Israel Police aims to handle your complaint in a fair and dignified manner. If you feel that a policeman did not carry out his job properly, you are entitled to file a complaint, in writing or verbally, to his commander or to the public complaints officer.

In case a policeman takes an item (exhibit) that belongs to you, the crime victim, during the course of an investigation – will you receive this item back and when?

The item that was taken is important for the purpose of the investigation and the trial. The police will try to have it returned as soon as possible, but in some cases – it will have to be kept until the trial is over. The court may also decide not to return the item to the person it was taken from. The investigator or the prosecutor that are in charge of your complaint will update you in this matter.

What should you do if the defendant or his representative approaches you, the crime victim?

You don’t have to answer their questions. If you are harassed by them, or if you or your relatives are threatened by them, please report it without delay to the police officer that is handling your complaint.

After the police conclude its investigation, it hands the investigation file to the State Advocacy or to the Police Prosecution Unit, in accordance with the type and severity of the offense. The Advocacy or the Prosecution Unit will then designate a prosecutor to be in charge of the investigation case.

You may be updated, through the computerized crime victims’ information system, regarding the identity of the prosecution unit that handles your case (Advocacy/Prosecution) and the phone number of the unit’s secretariat.

If you wish to know whether the prosecutor belongs to the Police Prosecution Unit or to the State Advocacy, and which court will host the hearings, you should approach the investigator.

The prosecutor in charge of the investigation case will decide whether or not to put the suspect on trial.

The prosecutor may decide not to indict the suspect – whether because the suspect cannot be located, or because there is not enough evidence for indictment, or for any other reason. If the prosecutor decides not to indict the suspect, you will be duly notified. The reason for waiving the indictment will be specified in the notice.

If you are notified that it was decided not to indict the suspect – you may appeal on the decision to the Attorney General of Israel.

If it is decided to put the suspect on criminal trial – what does it mean for the crime victim?

If the prosecutor decides to indict the suspect, he shall submit the indictment to the court.

When a prosecutor from the State Advocacy or from the Police Prosecution Unit submits an indictment, he does so on behalf of the State of Israel. It is stated in the header of the indictment: “State of Israel vs. Anonymous”. Although the victim and the complainant are not a party in the criminal trial, the crime victim may be entitled is certain cases, according to the type and severity of the offense, to express his opinion regarding the plea bargain, the parole board hearings, the pardon, etc. This, in accordance with the Crime Victims’ Rights Law.

Following the submission of the indictment, the court may arrest the defendant until the completion of criminal proceedings, and it may also release him, until the trial’s end, under certain restrictions or conditions. The court hearings usually start several months following the filing of the complaint.

Would you, the crime victim, be protected from the disclosure of details which might serve for your identification?

Court sittins are usually public. However, under certain circumstances, the judge is authorized to hold the sittings behind closed doors. When the sittings are held behind closed doors, it is prohibited to disclose any of its contents. You are entitled to approach the prosecutor and inquire whether the sittings are public or not.

Under certain circumstances, a crime victim is entitled to be protected from the disclosure of details which might serve for his identification. For example, it is prohibited to disclose the identification details of children and youth that are involved in a criminal incident or during a hearing concerning sexual offenses. The court decides sometimes to conduct the sitting behind closed doors, without disclosure of the crime victim’s identification details.

In addition, the Crime Victims’ Rights Law prohibits the authorities to disclose the personal details of sexual or serious-violence crime victims (residence address, workplace address and phone numbers) to the defendant or his defense council.

As a crime victim, will you need to testify in trial?

A crime victim is not always called to testify in court. However, if you are indeed called to testify, you must attend the place indicated in the order, according to the indicated date and time. We remind you that the details of your testimony must be true.

During your testimony, you will be required to answer the questions of the prosecutor and of the defendant and his defense council. The judge may also ask you questions. If a certain answer might lead to self-incrimination, you may refrain from answering it, unless you are compelled by the judge to provide an answer. If you are instructed by the judge to answer a question – the contents of your answer cannot be used against you, unless it is done with your consent.

During your testimony, you are entitled to be defended against unjust questioning, or a questioning that involves insult, intimidation, deception or shame. If the prosecutor and the judge do not defend you in such a case, you may call their attention and demand appropriate protection.

As a crime victim, are you entitled to address the court before the verdict is given?

Under the Crime Victims’ Rights Law, you are entitled to deliver a written statement to the investigating body or to the prosecutor. In this statement you may refer to any harm and damage that were inflicted to you as a result of the offense, including physical damage, emotional damage or property damage. The prosecutor will bring this statement before the court, during the defendant’s verdict sitting.

Still, upon your request or in certain special cases, the prosecutor may consider summoning you for court testimony, during the argumentation for punishment and before the verdict is given.

If you are called to testify, you are entitled to ask the court for reimbursement of travel, lodging and work-loss expenses. In order to arrange for these payments, you should approach the prosecutor in proximity to the date of testimony. You are entitled to receive these payments even if eventually you didn’t testify before the court.

Upon your request, the prosecutor will provide you with a certification – to be presented to your employer – saying that you had attended court or were summoned to meet with the prosecutor.

If you were inflicted with physical or property damage, you may claim for damages in the following ways:

Damages under the Penalty Law, 5737-1977: the court may compel the defendant to compensate the victim for the damage and affliction he had suffered, in a maximal sum of 228,000 NIS for each of the offenses he was convicted for. This sum is being updated occasionally. In order to apply for the court’s decision in this matter, you should deliver to the investigator or prosecutor, as part of the victim’s statement, any receipts or other documents that testify about the nature and scale of damaged that was inflicted on you.
Damages under the Civil Wrongs Ordinance: you may initiate a civil proceeding, in order to be compensated by the person who inflicted the damage on you.
Payments from the National Insurance Institute: if an offense causes loss of ability to function, or if you are harmed due to an act intended to save someone’s life or property, you are entitled – under certain circumstances – to receive payments from the National Insurance Institute.

For complete details, contact the National Insurance Institute.

As a crime victim, where can you receive emotional – or other type of – support?

A crime victim needing emotional – or other type of – support, is entitled to approach different designated support services (which some of them operate voluntarily).

The policeman handling your complaint can assist you to locate these services.

If you wish to know whether the prosecutor belongs to the Police Prosecution Unit or to the State Advocacy, and which court will host the sittings, you should approach the investigator.

The prosecutor in charge of the investigation case will decide whether or not to put the suspect on trial.

If you are notified that it was decided not to indict the suspect – you may appeal on the decision to the Attorney General of Israel.

Handling of Spousal Offenses

What can one do in an event of spousal violence?

Police emergency number: 100

National emergency line for the prevention of domestic violence: 1-800-220-000

Although the following text is written in masculine form, it is equally applicable for men, women, adults, children and youth.

Domestic violence has many forms: physical violence, sexual offense, threats and psychological abuse. The economic resources of many of the victims are being dominated by the violent person, and they are dependent on him. This situation sometimes prevents the victim from leaving his home, as he is concerned that he will not be able to sustain himself and his children.

Many domestic violence victims suffer for a long period of time from one or more forms of violence, before they turn for help. Many don’t know that it is possible to receive assistance from various support bodies, including the police.

The police can assist a domestic violence victim through the opening of an investigation file, which is intended to bring the suspect to justice, and by arresting the suspect. Parallel to that, the police refers the victims to shelters for battered women, rape crisis centers, domestic violence prevention centers and other support elements in the community.

It is well understood by the police that it is highly important to connect between people involved in domestic violence offenses and the community elements that can provide them with treatment. These elements can assist the victim in many ways; from physical protection in shelters to psychological help and legal counseling, as such is offered in centers for treatment of sexual offense victims or in domestic violence prevention centers.

Domestic violence might lead to grave results, and therefore the police treatment of violence suspects – as well as its response to the violation of protective orders – must be uncompromising, and the police must utilize its authority to its fullest and understand the danger that is posed by such incidents.

What can be done after being offended by a spouse?

When a person is attacked by a family member, he can turn to a police station and file a complaint due to the offense that was committed. A complaint due to a violence offense can either be received through an emergency phone call (to “100”) or given at a police station.

There’s also an option to appeal to court for the issuance of a protective order, in accordance with the Domestic Violence Prevention Law, 5751-1991.

One may also approach community treatment elements, such as the social services departments of the local authorities, emergency call centers, which provide counseling and guidance, and also relevant specialists.

Who’s defined as a “spouse”?

The term “spouse” – including someone who used to be a spouse – is defined as follows:

- A husband/wife (including a common-law husband/wife), a parent or the spouse of the parent, a parent of the spouse or the spouse of that parent, a grandfather or a grandmother, an offspring or an offspring of the spouse, a brother or a sister, a brother-in-law or a sister-in-law, an uncle or an aunt, a nephew or a niece.

- Any person who is responsible for the bare necessities, health, education or well-being of a minor or a helpless person that resides with him.

Police treatment of spousal offenses

The Israel Police spousal violence treatment units investigate all the offenses that are related to any type of spousal relations – married, divorced, common-law spouses, etc., in order to provide an overall response to any person that is offended due to such relations.

Who’s permitted to report to the police about spousal violence?

- Anybody may report to the police about spousal violence, although the law does not obligate the report of such offenses.

- A notification about spousal violence can be received from community treatment elements, relatives, neighbors, etc.

- According to the Public Health Regulations (notification of possible violence) 5736-1975, hospitals are compelled to report whenever there’s any suspicion that a person receiving medical treatment was involved in an act of violence.

How does the police handle an emergency call (through “100” or any other way) about a suspicion of violence?

- When an emergency call is received about an offense that is being perpetrated at the very same time, it shall be treated in high priority and a police car will be urgently sent to the scene.

- The policeman that arrives to the scene in which the offense was perpetrated will aim to separate between the spouses, find out the immediate details that are needed for risk evaluation, check for the presence of weapons and accessibility to them, and examine the need for medical treatment, including the summoning of an emergency medical element.

- The policeman shall instruct the suspect to accompany him for further inquiry. Crime victims are sometimes summoned to the police station as well, to complete their testimony.

- Note that in general, the police refrains at this stage from taking testimonies from the spouses’ minor children.

- The policeman will seek to collect additional evidence that testifies about the perpetration of the offense.

How does the police handle a spousal violence complaint?

- In general, the complaint is received and investigated by a special investigator, specifically trained in this field. The victim’s statement is taken, as far as it is possible, in privacy.

- The police is guided to interrogate the suspect in the perpetration of the offense as early as possible.

- The police tries to collect all relevant details from the victim, so it could evaluate correctly the degree of risk the victim is under, and in order to gather all available evidence regarding the offense. An emphasis is given to the characteristics of the offense, the suspect’s characteristics and his accessibility to weapons, history of violence offenses, etc.

Guidelines for risk evaluation

Police emergency line: 100

National emergency line for the prevention of domestic violence: 1-800-220-000

The following questionnaire is in feminine form. Yet, it applies equally to men, women, adults, children and youth at the same time.

Sometimes, the violence victim is unaware of the risk she’s under. The following questionnaire focuses on the subjects that indicate the degree of risk she’s under.

Please answer the following questions. The degree of risk is in direct proportion to the number of questions answered positively.

Note that the information that can be deducted from this questionnaire can only help you guide your actions and it does not serve to determine the degree of risk you’re under. The Israel Police is guided to conduct a risk evaluation, together with the violence victim, in every stage of its treatment.

Offense characteristics

Assault offense

- Did you require medical aid following the assault?

- Are any marks of the assault shown on your body?

- Do the assaults happen often?

- Has the frequency of the assaults become higher lately?

- Is there an increase in the severity of the assaults?

- Was the last assault incident different than previous assault incidents? How?

Threat offense

- Did you receive a threat or threats?

- Was the content of the threat general or specific? (“specific” meaning – did the person who threatened you say where and when he is planning to hurt you?)

- Was any of the past threats turned into action?

- Were you threatened with firearms or with cold arms?

- Does the offender own a licensed firearm or has access to weapons (e.g. in the army or at work)?

The assaulter’s characteristics

- Is the assaulter mentally ill?

- Does the assaulter use drugs or alcohol regularly?

- Is the assaulter a known felon?

- Is the assaulter violent towards his children?

- Is the assaulter violent towards others, e.g. friends or relatives?

- Was the assaulter violent or did he threaten you following previous appeals to the police?

- Did the assaulter commit violence offenses, while violating court orders or a release on bail?

- Is the assaulter unemployed?

- Does the assaulter lack any social support system (e.g. supporting family, friends he meets and consults with)?

The degree of risk is higher when:

- The assaulter is a drug addict, an alcoholic or unemployed.

- The assaulter’s behavior is violent, towards others as well.

- The assaulter commits offenses, while violating court orders and following police intervention.

- The assaulter doesn’t have a support systems (family or friends).

General behavior of the assaulter towards the victim:

- Do you feel that you life is in danger?

- Does the assaulter terrorize your home?

- Does the assaulter prevent you from going out of the house, disconnects the phone, etc?

- Does the assaulter isolate you socially? (family, friends).

- Does the assaulter exhibit extreme expressions of jealousy and suspiciousness? (for example, he wants to know what are you doing in any moment, where are you going and who are you seeing).

- Does the assaulter controls your economic resources and can prevent you from going to work?

The degree of risk is higher when:

- The assaulter exhibits extreme jealousy and suspiciousness.

- The victim is isolated by the assaulter.

- The assaulter controls, in general, the victim’s economic resources and can prevent her from going to work.

Conclusion

The overall evaluation of the degree of risk is based on the above mentioned clauses. As aforesaid, the degree of risk you’re under is in direct proportion to the number of questions answered positively.

What further actions are taken by the police?

Whenever a spousal violence suspect is interrogated, the policeman considers the need to arrest this suspect and the authority to arrest him. He also takes into consideration the concern for the well-being of the victim or of others, the requirements of the investigation and the concern for a possible disruption of investigation and trial proceedings.

In any case, the police checks whether the suspect has a weapon or has access to weapons in the army or at his work place. In general, whenever it is possible to seize the suspect’s personal weapon, due notification is also given to the I.D.F and other bodies that are authorize to give away weapons. The purpose of this notification is to prevent any access to weapons.

If the suspect is not to be arrested, it shall be considered to release him on bail, whether by a police officer or by the court. The release terms shall be determined in accordance with the protection needs of the victim.

What are the considerations of the police regarding the further treatment of a complaint?

Whenever an investigation is opened due to a spousal violence offense, the police shall consider opening a criminal file and putting the suspect on trial. The trend nowadays is to aggravate the considerations for the opening of a criminal file and for indictment.

A petition made by the victim to halt the investigation and prosecution proceeding shall be noted, but the decision in this matter is ultimately made by the police. Such a petition is principally not granted.

As aforementioned, the police favors in principle the forwarding of a case for prosecution. The cases that will be forwarded for early prosecution are those in which the victim’s degree of risk is high, the offense is serious, the suspect has a criminal record of violence in general and spousal violence specifically, the offense is committed in violation of prior restrictive instructions and orders, and when a care-giving body advises to speed-up the proceedings.

What are the ties between the police and community care-giving bodies?

Assisting the victim

Apart from the police handling of these offenses, it is highly important to have those involved in spousal violence offenses connected to community care-giving bodies.

The policy of the police is that besides stricter law enforcement actions, there’s a need to use the criminal proceeding as a catalyst to connect with community care-giving bodies.

In accordance with the aforesaid, this policy was coordinated with the Ministry of Labor and Welfare.

- In general, when a spousal violence offense investigation is opened, the victim of the offense is suggested to be in touch with a care-giving body in the local community. The trend is to provide the victim with the required information about the care-giving bodies, their objectives and the ways in which one can be assisted by them.

- The decision whether or not to receive assistance from a care-giving body is up to the offense victim. The body is reported about the offense, with the consent of the victim.

The offender’s referral for treatment

The suspect in the perpetration of the offense is also given information about community care-giving bodies. In general, the report to the community care-giving body should be made with the consent of the suspect, unless a court order obligating the offender to receive treatment is issued.

Nowadays, the community hosts many such frameworks (e.g. on behalf of the Labor and Welfare Ministry, W.I.Z.O and Na’mat) which offer treatments to violent people, within group workshops or individual treatment sessions. The results of such treatments are positive, and it was proven through studies and evaluations that the treatment helps reduce violent behavior.

The progress in the treatment of the violent person shall be reported to the court by the care-giving body or any other certified body that is designated for this purpose.

The information about the offender that is held by the community care-giving bodies may sometimes be of assistance while taking decisions about further treatment by the police. Therefore, there is a flow of information between the different bodies. Naturally, such information is provided with care not to violate a person’s right to privacy and restrictions may sometimes be applied to it. However, the cooperation between the police and welfare bodies – especially in the evaluation of the degree of risk the victim is under – may prove vital in the protection of the victim. The reference of the care-giving body is one of the factors that are considered by the police when coming to decide about the further treatment of a case.

What treatment is offered for children who witness, or are victims of, spousal violence?

Children are victims to spousal violence even when the violence is not directed against them.

Violence offenses against children are treated by the youth workers of the Israel Police. Sometimes, even if the offense is not committed against the children, they still need to be evaluated and treated.

In case of children younger than 14, the care-giving bodies are reported to if the offense is very serious, if a sexual offense is committed in the presence of the children, if there was use of weapons or if the policeman receives an impression that the children are “needy minors”, as defined in the Law for Youth Care and Supervision, 5720-1960.

When the children’s details are informed to the care-giving bodies – their parents should be appropriately notified as well.

How can a person defend oneself or his family members against an assaulter?

Protective order

When a person is assaulted by a family member, he may appeal to the court and request the issuance of a protective order against the assaulter, in accordance with the Domestic Violence Prevention Law, 5751-1991.

The court may issue an order imposing the prohibitions that are listed below, in whole or in part:

- Carry or hold a weapon, including a weapon given to him by the I.D.F or any other State Authority.

- Enter an apartment in which a family member resides or be within a certain distance from that apartment, even if he has any entitlement in it.

- Harass a family member in any manner and anywhere.

- Act in any way which prevents or makes it difficult to use a certain asset which his family member lawfully uses, even if he has any entitlement in it.

- A protective order may also require the provision of a guarantee - for both the upholding of the order and for the offender’s good behavior – or any other provision that is required by the court in order to guarantee the well-being and safety of a family member. The protective order may also include certain provisions regarding the necessary arrangements that are derived from the order.

The victim’s stay in a shelter for battered wives

- If the victim cannot stay in the vicinity of the person that abuses her, and the only way to prevent such contact and put a stop to the violence is to stay in a shelter for battered wives, then the police should be requested to provide a referral to such a shelter.

- The police shall assist the victim to arrive to the place, after being guided by the shelter’s administration. Note that the addresses of the shelters are kept confidential and the shelters are protected against entry by unwanted people.

- It is possible to bring also the children to the shelter.

- Within the shelter, the victim can receive legal and economical counseling and look at how her future may look, even if she decides to part or to divorce her violent spouse.

What happens if a person violates the terms of a protective order that was issued by the court?

Spousal violence might lead to grave results, and therefore the police treatment of the violation of protective orders must be uncompromising, and the police must utilize its authority to its fullest for that end.

Note that the consent of the protected spouse to the violation of the order does not exempt the violator from criminal liability. This rule was explicitly stated in the Domestic Violence Prevention Law, 5751-1991.

- When a complaint about the violation of a protective order is filed to the police, it is inspected without delay. Note that any body may file a complaint.

- In case of violation of a protective order - which prohibits to carry or hold a weapon or which puts restriction on the suspect - the police is authorized to arrest the violator of the order.

- In general, the police response correlates with the risk and severity of the protective terms that are given and to the seriousness of the violation of the terms that are specified in this order. In serious cases - where the violation of the order is perpetrated by means of a violence offense, or by carrying a weapon, or under circumstances which might lead to the renewal of violence – the violator is arrested and brought to trial without delay.

- In other cases, the court will consider to arrest the violator or to have him released on bail – which ensures the family members’ safety - and commit him to trial.

Receiving a complaint by a spousal violence interrogator in the police station

· The testimony of the offense victim shall be conducted, as far as it is possible, in privacy. The interrogator will allow a relative or a friend – as the victim wishes - to be present, subject to the needs of the investigations.

· The interrogator shall describe in detail any apparent signs on the victim’s body, clothing and behavior, and he shall have them photographed, as far as it is possible. He shall also refer the victim to obtain a medical certificate according to the type of injury inflicted.

· The interrogator will carry out a risk evaluation in every stage of the investigation.

· The interrogator shall clarify to the victim, orally or through an information sheet, about the care-giving bodies that exist in the area of the station and the purpose of the treatment that they offer.

· The interrogator shall report about the incident, with the consent of the victim, to the care-giving body. In case of a real concern to the victim’s well-being, the care-giving body shall be reported also without consent.

· The interrogator shall inform the victim that he/she may appeal to the court and ask for the issuance of a protective order, in accordance with the Domestic Violence Prevention Law, 5751-1991.

· After receiving the victim’s statement in full, the interrogator shall inform him/her of his name, the complaint registration details and the manner in which the victim may receive information about the criminal proceeding (crime victims’ information system).

· In case of serious violence or a high degree of risk, the interrogator shall note this fact in a memo attached to the investigation file and in the investigation log, and he shall pass the file immediately to the head of the division or the officer in charge of the station, and when he does so he shall indicate that this case involves serious violence or a high risk evaluation.

· If the suspect cannot be located – his details will be handed to the patrol and detection bodies and to any other body that may help finding him.

Handling sexual offenses

· The complaint shall only be handled by an authorized interrogator.

· The interrogator will only ask questions that are relevant and necessary for the investigation.

· The statement shall be taken in privacy, without any presence of interrogators or interrogees that are not related to the investigation.

· The interrogate shall inform the complainant that he/she may be assisted by a volunteer from the support center for sexual assault victims and be accompanied by any person he/she may choose.

· The interrogator shall document the complainant’s psychological and physical state.

I am a victim of a sexual offense – what shall I do?

A sexual offense is a serious incident, which might stir up different emotions such s fear, anger, depression and confusion.

If you find yourself in this situation, it is important to receive information about the different aid and counseling options, as well as about the relevant police proceeding and legal proceeding.

Note: In order to keep the phrasing simple, the following text is written in feminine form. Yet, all that is written below refers also to men.

How will my testimony be taken, and what is the investigation proceeding?
Which examinations will be made, and where?
What happens if a suspect is apprehended or arrested?
What is the prosecution and trial proceeding?
Which types of professional aid and counseling are available?

The police proceeding

How will my testimony be taken, and what is the investigation proceeding?

Your complaint to the police opens the investigation proceeding. It is highly important to file the complaint and further cooperate with the law enforcement system, in order to locate the perpetrator of the offense, to gather the necessary evidence for his indictment, to try and reduce the occurrence of these offenses, and to help yourself as the victim of the offense.

It is highly important to impart all relevant details to the police. One of the typical reactions to such an incident is confusion and oversight of details. It is very likely that you will recall additional details that are related to the offense at a later stage; in that case, please update the investigator.

Your interrogation, as a sexual offense victim, will be conducted with acknowledgment to your right for dignity and privacy. However, due to the nature of the offense, the interrogation necessitates certain questions which might invade your privacy. We would like to emphasize that all the questions are relevant, important and necessary for the purpose of gathering evidence.

The statement shall be taken from you in a separate room, without the presence of any additional people. Preferably, the interrogation will be conducted by a policewoman (when the complainant is a woman).

If you wish to contact a relative, a friend or any other element (e.g. a social worker or a volunteer from the rape crisis center), please have the policeman/policewoman know about that, so it could be arranged. If possible, the interrogation will be delayed until the arrival of the aforesaid person and you will be able to talk to him/her before the investigation starts. However, these relatives or friends shall not be present with you when your complaint is taken, or during the course of police actions or medical examinations.

It is important for you to know that according to the law it is prohibited to publish any detail which might lead to your identification as a sexual offense victim. These details are kept confidential throughout the investigation. No detail shall be imparted to your family members without your consent.

Within its criminal-legal proceeding, a court of law may order the payment of damages. Please notify the interrogator about any money loss resulting from the offense and enclose relevant receipts. The interrogator will pass this information to the prosecutor during his preparations for trial.

We recommend that you write for yourself the complaint registration details – the interrogator’s particulars, the complaint’s registration number and date – for future applications and inquiries.

All the actions that are taken will be registered by the policeman in a memorandum report.

The Israel Police seeks to ensure that you are treated fairly during your interrogation and that your privacy is respected. However, when a policeman carries out his duty inappropriately, you are entitled to complain to his officer or to the public complaints officer. The complaint shall be made in writing or verbally, to the department for the investigation of police misconduct in the Ministry of Justice.

Which examinations will be made, and where?

Sometimes, you may hold certain items that can be used as evidence of the offense, e.g. clothing items. Please give these items to the police, as they are, for the purpose of suspect location and evidence establishment.

The medical examination is usually performed in a hospital. It is highly important in order to determine whether you were medically hurt and to which extent, and also in order to collect evidence. In certain cases you will be referred by the police for additional examinations in a forensic medicine center, for further proof about the nature of the injury, the assault method, the assault tool, etc.

The police will take care of your referral and it shall escort and assist you to get to the hospital. The police will also take care to drive you home. Not all hospitals are equipped to carry out this type of examinations, and therefore the escorting policeman will ensure that you are taken to a place with proper experience and treatment. You may also be accompanied and supported by a volunteer from the rape crisis center. Within some of the hospital, you may also be assisted by a social worker.

The examination in the hospital is performed free of charge. If you wish to be examined by a private doctor, please inform the policeman so he can coordinate it and provide you with an appropriate form.

What happens if a suspect is apprehended or arrested?

It is likely that a suspect will be arrested, but it is also possible that he will be released under certain terms and restrictions. The police will inform you if it decides to release the suspect, if he may be present in your physical surroundings, or if it is decided to indict him.

If the suspect or any person on his behalf tries to contact you, remember that you don’t have to answer their questions. If you are harassed or threatened, please report immediately to the police call center.

If suspect/s do exist, you may be required to participate in the investigation, as the offense victim – e.g. in a police line-up, confrontation with the suspect, drawing of an Identikit, and medical examination. All these actions are essential for the identification of the suspect. The dates for participation will be adjusted, as far as possible, to your schedule and you will be notified about it in advance and given a detailed explanation about the nature of the activity, how it will be conducted and what are your rights in any of its stages.

Upon conclusion of the investigation it is decided whether to indict the suspect and commit him to trial. In some cases, it is decided not to commit the suspect for trial, e.g. due to lack of evidence. In such a case, you will receive a written notice. You may appeal on this decision to the Attorney General of Israel.

What is the prosecution and trial proceeding?

An indictment is submitted when the decision is made to commit a suspect for trial.

In criminal law, the indictment is submitted and administered by the state representative (the police prosecution or the state advocacy) and not by the crime victim. The investigator shall answer your questions regarding the identity of the prosecuting body (the state advocacy or the police prosecution) and the court in which the hearings will take place.

Following submission of the indictment, the prosecution considers, in certain cases, to apply for the suspect’s arrest until completion of the proceedings, or to release him, under certain restrictions and conditions until the trial. The prosecutor will be able to answer your questions in this matter.

It is prohibited to publish a name or any other details that might identify a person as being a victim of a sexual offense. The court may decide to carry out its hearings behind closed doors.

You may approach the prosecutor, via the court, and request to hold the court hearings behind closed doors. In such a case, it is prohibited to publish any detail from the court hearings, without the court’s special permission.

You will be summoned, during the course of the trial, to testify in court, except in those cases in which testimony is not required. During your testimony, you will be asked to reply to questions by the prosecutor, the defendant or his representative and the judge.

The court will not allow interrogating the victim about her sexual history, unless it is necessary to prevent a miscarriage of justice. If the prosecutor or the judge does not protect you out of his own initiative, you may call for their attention and demand protection against such an interrogation.

If you are summoned to testify, the court may order to reimburse you for your travel expenses from your home to the courthouse, as well as for lodging and work-loss expenses. In order to arrange for the payments, you should approach the prosecutor in proximity to the date of testimony. You are entitled to receive these payments even if eventually you didn’t testify before the court.

Upon your request, the prosecutor will provide you with a certification to be presented to your employer, that you were summoned by the court to give testimony or to meet with the prosecutor. You are allowed to contact the prosecutor and prepare for your testimony.

In a sexual offense trial, the court may instruct (by its own initiative or upon the prosecutor’s request) that under certain circumstances your testimony shall be given without the presence of the assaulter, but of his defense council only.

You may ask the prosecutor, and through him the court, to consider this option.

If the defendant is convicted, the court may, under certain circumstances, to ask for a review of your condition as an offense victim and the damage that is caused to you as a result of it. The review is conducted by a public servant on behalf of the Ministry of Welfare. The conduct of his review is subject to your consent. You may ask the prosecutor for additional details, before reaching a decision whether to allow conducting this review or not.

Which types of professional aid and counseling are available?

Sexual assault may change the way you feel in different ways: both emotionally and physically.

In certain cases, you may find it difficult to have your routine lifestyle back, in different aspects:

Eating, sleeping, inter-personal relations, general functioning. These difficulties are actually normal responses to a situation which is not normal.

It is recommended to talk to people who are close to you, who are understanding and supportive. Sometimes, it is advisable to turn for assistance to a professional element that can offer you the readiness to listen, escort, support and assistance.

For support and assistance, you can approach the following elements:

You may call the rape crisis center (Tel: 1202).

And additionally:

Line for men: 03-5179179

Line for religious women beeper: 02-6294666, subscriber no. 23912

Women aid center: 03-6739006, 02-6725494

Social work institute for women soldiers 09-9685619, 09-9685659.

The rape crisis centers offer few types of support services:

Short-term counseling through phone calls or direct meetings with volunteers.
Personal escort and support during the hospital examination, the police interrogation and the court sitting.
Support groups for women victims of rape, sexual assault, incest or any other type of sexual exploitation during childhood.
Emergency line for men and boys who are victims of sexual violence.
Assistance referral kit – to professional care givers.

What can parents do when they suspect that their child was a victim of sexual offenses?

If you suspect that your child was sexually offended, you must be feeling concerned and angry. It is important for you to know what are the police and legal proceedings in such a case, and what the options are for receiving support and counseling.

Few facts about sexual offenses against children

The term “sexual offense” does not only refer to rape. Its definition includes any forced sexual connection, such as: verbal threat, exposure of genitals, undressing, peeping, caressing, physical contact or penetration.

A sexual offense causes severe psychological harm to the child, and it is regarded as a serious criminal offense.

Did you know?

In most cases, the sexual offense is perpetrated without the exertion of physical force against the child. The child’s innocence and weakness, as well as the adult’s authority, allows the adult to harm the child by using different allurements and threats, without the use of force.

It is very rare for children to tell, out of their own will, about a sexual offense they were victim to. They will usually not do so, out of fear, apprehension, threat or guilt. They may also fear that even if they tell what happened, no one will believe them.

Usually, a child does not invent stories about being sexually offended and does not imagine such an offense.

A child is never guilty of a sexual offense that was committed against him. The responsibility for the offense is always of the offending adult, and his only.

Most of sexual offenders are men. The offender may be of any age and come from any social class, and he may look like a perfectly ordinary person. The sexual offender may be a complete stranger to the child, but in many cases the child is familiar with him. In such cases, there is a high probability that it is not a one-time offense but a repeated one.

Unfortunately, some of the offenders are actually family members of the child.

A child doesn’t always tell

He might be confused and not understand what happened.

He might have promised not to tell, after being threatened or seduced.

He might be feeling guilty or shamed.

He might be concerned that no one would believe him.

He might be concerned that he would be accused.

He might not be familiar with the correct words to describe the sexual offense.

What can be done?

It is sometimes very difficult to tell the difference with a child, between a passing bad mood and real distress. When the problem is real, the bad mood is usually accompanied by a series of symptoms. It is important to look at these symptoms in reference to the child’s age, character and past behavior patterns.

If you feel uncertain about it, we recommend you to consult with professionals. When you are certain that your child was offended (or when you seriously suspect it), you are naturally expected to feel hurt, frightened, in pain and angry. It is important to remember that the parents’ first reaction has a big influence on the child.

If the perpetrator of the sexual offense is a stranger, it is natural for the parent to become scared. If that’s how you feel, try to conceal this feeling, because when you show that you are scared, the child becomes fearful.

What is the police proceeding?

Once the police learns about the offense, it opens an investigation. The objectives of the investigation are to locate the suspect, collect evidence in order to prove the perpetration of the offense and commit the suspect for trial.

During the course of the investigation, it may be required to carry out certain activities in cooperation with the offended child, e.g. doctor examination or police line-up, in case the assaulter is a stranger to the child. If the assaulter is located, he will be taken for police interrogation. It is important for you to know that any relevant information may be important and contributive to the investigation. If you are in doubt whether an information you hold is relevant or not, we suggest that you share your doubts with the investigator and consult with him.

The suspect’s arrest may be required, for the interest of the investigation, in order to facilitate the interrogation and the conduct of lab tests, etc. However, the suspect may also be released on bail, under certain restrictions and conditions that ensure his attendance to interrogations and to the trial.

If the suspect or any person on his behalf tries to contact you, during the course of the investigation, please report it to the investigator in the police station.

Note that it is forbidden by law to publish, during the course of the investigation and the trial, any details which might identify the victimized child of the sexual offense.

The role of the child interrogator – during the investigation and in the courthouse

The law requires that a child under 14 years of age is to be interrogated by a child interrogator, who is not a policeman but a social worker from the Youth Probation Service, specializing in the interrogation of children.

The child interrogator shall meet with the child after coordinating the meeting with the child’s parents or guardian. The child interrogator shall obtain the child’s testimony for the purpose of the legal proceedings.

If needed, the child interrogator will accompany the child throughout the investigation and trial proceedings and protect his well being.

It is sometime needed to conduct a medical examination of the child. The child interrogator should pre-approve the performance of the examination. The examination will be performed by a doctor in a hospital. The child interrogator usually escorts the child to the medical examination.

The law allows the child interrogator to attend the courthouse hearings instead of the child, in order to spare from the child the hardship of meeting his assaulter and of being subject to cross-examination in court. And indeed, it is usually the child interrogator who testifies instead of the child. If the prosecutor decides that the child should testify, he shall explain the child’s parents the reasons for his decision.

If you, as the child’s parent, have special questions about the child’s behavior and the treatment he should receive, the child interrogator will guide you, and refer you – in case of need – to the appropriate care-giving service.

What legal proceeding is taken upon completion of the investigation?

Upon completion of the police investigation, the police passes the investigation file to the State Advocacy or to the Police Prosecution Unit, in accordance with the type and severity of the offense. The prosecutor to whom the file was passed shall decide whether to commit the suspect for trial or not.

If the suspect cannot be located, or due to lack of evidence or any other reason, the prosecutor may decide not to commit the suspect for trial. In such a case, you will receive a written notice, explaining why an indictment was not submitted. You are entitled to appeal on this decision.

If the prosecutor decides to commit the suspect for trial, he shall submit a bill of indictment to the court.

A prosecutor of the State Advocacy or of the Police Prosecution Unit submits the bill of indictment on behalf of the State of Israel, and it should be written in the header of the indictment: “The State of Israel vs. Anonymous. The victim and the complainant are not party to the criminal trial”.

Following submission of the indictment, the court may arrest the defendant until completion of the legal proceedings, and it may also release him under certain restrictions and terms, until the end of the trial. The court sittings usually start several months following the filing of the complaint.

A child under 14 years of age usually does not testify in court. If the prosecutor thinks that the child’s testimony is needed, he must receive the approval of the child interrogator. If the child interrogator approves the child’s testimony, the child shall testify in the presence of the child interrogator. Under these circumstances, the court is authorized– by its own initiative or upon a request by the prosecutor – to order that the child’s testimony will be given without the presence of the defendant but of his defense council only. The child’s parents may approach the prosecutor and ask him to request that from the court.

The court is authorized - by its own initiative or upon a request by one of the parties – to summon the parents to give testimony.

The court is authorized to determine that the sitting, in whole or in part, will be held behind closed doors. In such a case, it is forbidden to publish any detail from the sitting without the court’s special permission.

What can I do to make things easier for my child during this tough period?

We recommend calming the child and listening to him patiently and quietly.

We recommend encouraging the child to say what is burdening him and to refer to his feelings. However, you should not pressure him and burden him with questions.

You should not accuse the child of what happened or hold him responsible for the incident.

You should give the child the feeling that you believe and that you’re on his side.

You should support the child, as of the time you hear about the sexual offense he was victim to and throughout the investigation and trial proceedings.

Which bodies provide professional support and counseling in these cases?

The Israel National Council for the Child, 02-5639191.
ELI (the Israel Association for Child Protection), 03-6961070.
Welfare officers in the local authorities.
The Social Services Departments of the local authorities.
The Mental Health Centers of the Ministry of Health and the Health Funds.
Rape Crisis Centers, 1202.
SHEFI (The Psychological Counseling Service), via the school counselors or by calling 02-6293251.
MEITAL (The Israeli Center for Children Sexual Abuse) – branches in Jerusalem, Tel Aviv and Haifa.

The above information was provided in collaboration with the Israel National Council for the Child and its chairman Dr. Yitzchak Kadman.

What Can an Adult do when he/she suspects that a Child is Victim to Abuse?

If you suspect that a child is victim to abuse, you must be feeling concerned and angry. It is important for you to know what are the police and legal proceedings in such a case, and what the options are for receiving support and counseling.

What’s considered to be abuse?

Child abuse is usually classified into four categories:

Physical abuse (battered child).
A serious or continuous abuse, by using an instrument or the offender’s body parts, e.g.: kicking, biting, beating and shaking. The abuse might cause hemorrhages, swellings, open wounds, internal injuries, burns, fractures, brain damage, loss of consciousness and even death.
The most common injuries are head, arm, leg and genital injuries.
Sexual abuse.
Sexual abuse is usually carried out by use of force, coercion, threat, seduction or by exploitation of the adult’s power and authority.

The abuse may include rape, sodomy, insertion of objects into the sexual organ, indecent act, masturbation; hugging, caressing and kissing of a sexual nature; exhibitionism, and exploitation of the child for pornography or prostitution.

Negligence.
A deliberate omission or a continuous passive or active negligence, which is intended to deprive the child of nutrition, medical treatment, preventive care, proper climatic conditions, free movement or outside stimulations.

Negligence might lead to death, or otherwise to malnutrition, physical injuries, developmental delay, retardation, as well as immediate and long-term psychological damages.
Mental or emotional abuse.
A systematic destruction of the child’s ability to develop emotional capability or to properly act in personal and social contexts. Such an abuse might lead to anxieties, seclusion, limited verbal and emotional abilities and defective development. This type of abuse is the hardest to define. It may also be defined as mental injury, mental deficiency, mental assault, etc.

This type of abuse often appears as a side effect to other types of child abuses.

Who is an abuser, and why?

Among child abusers one can find parents or family members, who are usually not defined as mentally-ill or irresponsible for their actions. They are usually people with a weak personality, the behavior of whom might aggravate due to different problems and crises.

Abusers can be characterized, among other things, as people who were victims to abuse in their childhood; people with a low self esteem; people who see the child as “bad”, “corrupt” or “uncontrollable”; people who are socially secluded; people who are impulsive and/or quick-tempered, who find it difficult to control their emotions; people who think that the child needs to serve and satisfy their needs; people suffering from a weak personality and a need to demonstrate power and control.

Child abuse is not a result of one and only reason. Sometimes it is attributed to the combination of the characteristics of he parent or the person who takes care of the child, and other times it is a result of family circumstances or personal, economical, social or environmental crises.

As aforementioned, pressure and crisis conditions may increase the risk. These conditions may be a result of family tensions and the relations between the parents; separation and divorce; unemployment and economic problems; immigration; child disability or chronic disease.

Why do children keep silent or even conceal the fact of their abuse?

Abused children tend not to complain and they even try to hide this fact, for different reasons:

A child may love his parent in spite of the abuse, and he may be afraid of what might happen if this fact is to be revealed. He may be afraid, for example, that the parent would be sent away from home or that he himself would be sent away.

A child may interpret the abuse as an appropriate punishment, or as an accepted phenomenon.

A child may feel guilty and deserving to be abused.

A child may feel helpless and does not believe that the situation can be changed.

A child may be too young to understand what’s happening or too young to express it.

A child may have promised to keep it a secret, after being threatened or seduced to do so.

A child may feel guilty and ashamed – due to both the abuse itself and for not resisting it.

A child may be afraid that no one would believe him or that he might be blamed for the abuse.

What is the victims’ age range?

The age range of abuse victims varies between infancy (age 0) and adolescence. The rate of physical abuse decreases as the child matures and it is less frequent in children above the age of 14.

The sexual abuse is more prevalent in children aged 9-14.

The negligence is more prevalent from infancy until the age of 5.

The largest group of children that are victims to all the different types of abuse is of children aged 3-10.

How can I identify signs of abuse?

First of all, be attentive and listen!

A child frequently says, or at least insinuates, that something is happening. You should listen to him. A child who cannot complain in a direct manner about the abuse may use various hints that reveal his difficulty, e.g. “I want to stay in the kindergarten/school” etc. and not to go home.

A child was speaks in an indirect manner may do so because he is embarrassed or because he is too young and cannot express exactly what happened. It might also be that the child promised not to tell anybody about the abuse or that he is afraid and anxious.

A child may insinuate about his abuse by means of disguise, for example: “I know a child who has a problem”, or: “what would happen to a girl who told the teacher that someone was hitting her but the teacher didn’t believe her?” In such cases, the child may indeed be talking about a friend or another child, but he may also be talking about himself.

You should encourage the child, in a gentle and sensitive manner, to talk; to get over his fears and anxieties or to say what he knows about the “other” child. It is most likely that the truth will be revealed sooner or later.

Non-verbal signs

Physical abuse leaves sometimes visible signs you should be aware of. The following signs should serve as an alert for physical abuse:

Bruises – especially groups of bruises, in varying healing stages, or a bruise in a shape that implies about the instrument that caused it, e.g. a palm, a belt buckle and electricity wire;

Burns – for example, burn caused by warm liquid, cigarettes or blazing iron; Face injuries - such as a “black eye”, a broken jaw, a broken nose, a bleeding or swollen lip;

Bite marks – especially when their size matches the adult’s mouth or when they are recurrent;

Scratches – when there is no explanation to them, or when they look like stripe marks;

Bone cracks or fractures – when there is no explanation to them;

Remember that some of the above mentioned marks may be a result of an accident or an incidental and unintentional hit.

However, when the child provides no explanation for it, or when his explanation doesn’t make any sense, as well as when the child or his parents try to hide it with clothing or any other way – it should serve as a warning alarm.

Sometimes, there will be no visible signs of physical abuse, whether because these signs do not exist or because they are concealed. In such cases, pay attention to the child’s behavioral signs.

The warning signs that may be observed in the child’s behavior are:

· Numerous disciplinary problems.

· Aggression and violence towards others.

· Excessive verbal violence.

· Inappropriate clothing (intended to conceal violence signs).

· Alienation, solitude and introversion.

· Fear from connection with adults.

· Psychosomatic complaints.

· Talks about suicide or a suicide attempt.

Remember that the above mentioned signs do not necessarily testify to an abuse.

These behavioral characterizations may also express other types of distress.

How should we respond?

The adult’s response is very important and it may influence the child’s feeling, confidence and willingness to open up to the adult, trust him and tell him about the abuse.

It is highly important to carefully follow these guidelines:

Talk with the child in privacy.

Be supportive and try to remain quite and calm. If the child feels that what he says moves us, he might stop talking in order to protect us.

Do not react in fear – not in words, neither in expressions, hand movements or body language.

Trust what the child says and tell him that you believe that he is telling the truth.

Encourage the child to keep talking, e.g.: “I am happy that you told me, it is very brave of you”.

Tell the child that the abuse is not his fault.

Promise the child that you will do all that you can to protect and support him.

Explain to the child that this information should not be kept secret.

Do not investigate or take care of the matter without authorization, expertise and formal permit to do so, and don’t pretend that you can do so.

Consult with licensed professionals and lawfully report about any incident of child abuse or suspicion of child abuse.

What is the duty to report? What does the law say about it?

In 1989, the amendment to the Penalty Law, about offense and abuse of minors and helpless people (amendment no. 26) was accepted by the Knesset.

Below is a summary of the principles of this law, in simple words (this is not the legally binding version):

· Child abuse is a serious criminal offense. If the child abuser is a parent, a family member or any other person who’s in charge of the child – it is an extremely serious criminal offense.

· Those in charge of the child are his parents as well as other adults (family members and others, as stated by law) on whom the child is dependent.

· Abuse is not limited to only physical abuse; it includes other types of offenses, sexual abuse and mental abuse.

· The child’s parent or any other person in charge of the child must take care of his health, supply his needs and protect him from harm and abuse. The conduct of a parent or a person in charge of the child, who does not protect the child from being abused, may be considered as criminal conduct.

· Every person must report to a welfare officer or to the police whenever having a reasonable ground to believe that the child is abused by those in charge of him.

· The child’s family members and the professionals carry a special duty to report.

· Knowing about child abuse and not reporting it is considered to be a criminal offense, and any such person is liable for a penalty of incarceration.

· Education workers in educational institutes have a special duty to report any child offense and abuse – whether they are personally in charge of the child in that institution or not.

· As aforementioned, any person – including any educational worker – who has reasonable ground to believe that a child is abused by a person who’s in charge of him must report about it to a welfare officer or to the police. “Welfare officer” is a social worker who’s in charge of this matter and can be found in all the welfare departments of the local authorities.

· It is important to remember that reporting to a welfare officer or to the police is not considered as an accusation or final determination, but simply an appeal for professional examination. The one who reports about an abuse doesn’t need to prove abuse. A person who reports as lawfully required and in good faith is protected by law against any criminal or civil action in this matter.

· The duty to report is not only a legal duty but also a conscientious and moral one. Sometime, reporting is the only way to break the conspiracy of silence and save the child.

Note: a “child” is this section is a minor who has not yet reached his 18th birthday!!!

How can the child be treated?

The identification and reporting is the first step – a necessary one although insufficient – to treat the child. Children who were victims of offense and abuse need treatment and attention. The treatment may either be short-term or a continuous one; in some cases, the focus should be on the problem and in other cases, the focus should be on personality; sometimes the treatment is individual and other times group treatment is preferred; in some of the cases the whole family needs to be treated, parallel to the treatment of the victimized child.

It is also important to provide treatment to the offenders and abusers themselves, apart from the criminal proceedings that are take against them.

The first step is usually to separate between the child and his offender or abuser. This should usually be done by sending the offender away. Unfortunately, this is not always possible. If the offender cannot be sent away, the child should move away. As a short-term solution, the child can be taken to one of the emergency centers (shelters for children at risk) across Israel, which are also used as treatment centers. Sometimes, the child needs to be kept away from his home for a longer time period, and he may be transferred to a foster family or to a boarding school. In extreme cases, the child is given to an adopting family.

The decision about the manner in which the child shall be separated from his offender is taken by a professional committee. If the child’s family disagrees with the committee’s decision, the power to decide shall be transferred to a court of law.

What is the police proceeding?

During the course of the investigation, it may be required to carry out certain activities in cooperation with the offended child, e.g. doctor examination or police line-up, in case the assaulter is a stranger to the child. If the assaulter is located, he will be taken for police interrogation. It is important for you to know that any relevant information may be important and contributive to the investigation. If you are in doubt whether information you hold is relevant or not, we suggest that you share your doubts with the investigator and consult with him.

The suspect’s arrest may be required, for the best interest of the investigation, in order to facilitate the interrogation and the conduct of lab tests, etc. However, the suspect may also be released on bail, under certain restrictions and conditions that ensure his attendance to interrogations and to the trial.

If the suspect or any person on his behalf tries to contact you, during the course of the investigation, please report it to the investigator in the police station.

Note that it is forbidden by law to publish, during the course of the investigation and the trial, any detail which might identify the victimized child.

The role of the child interrogator (for children younger than 14) – during the investigation and in the courthouse

The law requires that a child under 14 years of age shall be interrogated by a child interrogator, who is not a policeman but a social worker from the Youth Probation Service, specializing in the interrogation of children.

If needed, the child interrogator will accompany the child throughout the investigation and trial proceedings and protect his well being.

It is sometime needed to conduct a medical examination of the child. The child interrogator should pre-approve the conduct of the examination. The examination will be conducted by a doctor in a hospital. The child interrogator usually accompanies the child to the medical examination.

The law allows the child interrogator to attend the courthouse hearings instead of the child, in order to spare the child the hardship of meeting his assaulter and of being subject to cross-examination in court. And indeed, it is usually the child interrogator who testifies instead of the child. If the prosecutor decides that the child should testify, he shall explain the child’s parents the reasons for his decision.

What legal proceeding is taken upon completion of the investigation?

If the prosecutor decides to commit the suspect for trial, he shall submit a bill of indictment to the court.

The court is authorized - by its own initiative or upon a request by one of the parties – to summon the parents to give testimony.

What can I do to make things easier for the child during this tough period?

We recommend calming the child and listening to him patiently and quietly.

We recommend encouraging the child to say what is burdening him and to refer to his feelings. However, you should not pressure him and burden him with questions.

You should not accuse the child of what happened or hold him responsible for the incident.

You should give the child the feeling that you believe him and that you’re on his side.

You should support the child, as of the first time you hear about the sexual offense he was victim to and throughout the investigation and trial proceedings.

Which bodies provide professional support and counseling in these cases?

The Israel National Council for the Child, 02-5639191.

ELI (the Israel Association for Child Protection), 03-6961070.
Welfare officers in the local authorities.
The Social Services Departments of the local authorities.
The Mental Health Centers of the Ministry of Health and the Health Funds.
Rape Crisis Centers, 1202.
SHEFI (The Psychological Counseling Service), via the school counselors or by calling 02-6293251.
MEITAL (The Israeli Center for Children Sexual Abuse) – branches in Jerusalem, Tel Aviv and Haifa.

The above information was provided in collaboration with the Israel National Council for the Child and its chairman Dr. Yitzchak Kadman.

What to do in case of telephone harassments?

Telephone harassments:

When someone is harassing you by phone, you should write down an organized list of the last 10 calls that were received from the harasser, indicating the date, time and originating number (if it is a listed number) of each call.

When the list is completed, go to the nearest police station, file a complaint and give the list to the investigator.

Enclosing the list to the complaint will help the police to locate the suspect.

Interrogation of people with disabilities

In accordance with the viewpoint that encourages a professional approach to people with disabilities, the Israel Police established a unique interrogation unit to deal with crime victims; it handles spousal violence, sexual offenses and the interrogation of people with disabilities. The unit has approximately 170 interrogators.

The proceeding for taking the complaint and the following treatment in this area is the same as for any other complaint. However, if so needed, the police shall approach the care-giving body or the child’s guardian, providing that he is not the offender.
The connection of the police with the care-giving bodies is practical, professional and based on procedures. If needed, a local welfare officer or another care-giving body shall be involved.
In case of people with disabilities who are helpless, there’s a duty to report to the police in respect of different types of offenses (e.g. abuse or sexual offenses). Moreover, if the police receives information about such offenses against helpless people, it must pass it to the welfare officer and consult with him; all as provided in section 368b to the Penalty Law.
In accordance with the Criminal Proceeding Law (Suspect Interrogation) 5762-2002, if a policeman has reason to believe that the suspect is a person with disabilities - a fact that makes it difficult to properly document the interrogation in writing – then the interrogation shall be recorded by video or audio (section 8 to the law).
In some parts of Israel, the police carries out, in collaboration with “BIZCHUT” Organization, projects for the purpose of accompanying people with disabilities in police station. In addition, meetings were held between police officers that deal with crime victims and the national welfare officer handling people with disabilities, and later the local welfare officers. The purpose of these meeting was to get acquainted and to structure local ties.
The Israel Police took part in an inter-ministerial committee headed by the Ministry of Justice. This committee led to the enactment of the Law for the Interrogation and Testimony Collection of People with Mental or Intellectual disabilities. The committee addressed the need to determine unique characteristics for the interrogation of people with intellectual or mental disability. It was determined, inter alia, that the interrogation of a person with intellectual disability shall be conducted by a special interrogator trained for this purpose by the Ministry of Welfare. It was also determined that the interrogation of a person with mental disability shall be conducted by the Israel Police and shall be recorded by video and/or audio.