Help for American Victims of Crime in Israel, the West Bank, and Gaza
United States Embassy
Tel Aviv, Israel
03–519–7475; for after hour emergencies, please call 03-519-7551
AMCTelAviv@state.gov
http://israel.usembassy.gov/service.html
April 01, 2011
Being the victim of a crime in a foreign country can be a devastating and traumatic experience. While no one can undo the emotional trauma, physical injury, or financial loss you may have experienced, the the U.S. Embassy in Tel Aviv and the U.S. Consulate General in Jerusalem are ready to help. We are very concerned about violent crimes committed against U.S. citizens in Israel, the West Bank, and Gaza. We will assist you in managing the practical consequences of being a crime victim and provide you with information about accessing the local criminal justice system, as well as other resources for crime victims abroad and in the United States. This office can assist you to find appropriate medical care, contact family or friends on your behalf and explain how funds can be transferred. We can also help you to better understand the criminal justice system in Israel, which is very different from the system in the United States.
The information included in this guide relating to the legal requirements in Israel is provided for general information purposes only. The information may not be accurate or relevant to a particular case. Questions involving interpretation of Israeli laws should be addressed to legal counsel licensed to practice law in Israel. The investigation and prosecution of the crime is solely the responsibility of local authorities. The Federal Bureau of Investigation (FBI) may assist local authorities in certain cases of kidnapping, hostage-taking and terrorism.
REPORTING CRIMES: People reporting a crime can do so either at the local police station or to a local patrol or community police officer, who will take the report at the scene of the crime. Some police stations will have officers designated to assist foreigners, but even at police stations without a designated officer, in almost all cases someone will be present who speaks some English. Tourists can also call the tourist police at 03-5165382 if an emergency arises. The tourist police office is located on the beachfront at the corner of Geula and Herbert Samuel Streets in Tel Aviv.
Police reports should be filed as soon as possible. Various crimes have different statutes of limitation, from five years to forever (for homicide). But it is best to report a crime as soon as possible, in order to preserve evidence and start the process while everyone's memory is fresh.
Crime victims will be given a copy of the report. It is technically possible for someone else to file a crime report on the victim's behalf, without needing a power of attorney. However, an explanation will be required, because the crime victim is almost always the prime witness and provider of evidence.
In theory, crimes may be reported to Israel's Embassy in the U.S., but this is not a realistic or effective approach. The best approach is to file a police report in Israel, as soon after the crime as possible. You may need a police report to file for crime victim compensation or insurance reimbursement. If you do decide to file a report please send a copy to us, along with your address and phone number in the event we need to communicate with you. If you have difficulties filing your police report with an official, please contact your nearest U.S. Embassy or Consulate immediately. While we are not authorized to act as your legal representative, prosecutor or investigator, our office can help you track the progress of your case and advise you of any developments.
INVESTIGATIONS: Many crime investigations never result in the arrest of a suspect. In Israel, following the initial report, a file is opened and the police will investigate to determine if the case will be pursued, temporarily shelved, or closed. If the offense is not a felony, the police may refrain from investigation on the grounds of "lack of public interest." In this case, the complainant has the right to appeal the decision to the Attorney General's office.
A Victim Support Unit at Police Headquarters provides professional input on all policy and its implementation in relation to the support given to victims of crime by the investigators. They are especially focused on helping victims of sexual and/or domestic abuse, mentally or physically disabled victims, children, and the elderly.
Each regional subdivision and many large police stations have forensic science technicians who are sent to gather evidence from crime scenes and from suspects. The technicians send the evidence to centralized laboratories for further examination and for presentation as evidence in court. In addition, special testing and evidence-gathering kits have been developed to allow some preliminary tests to be made by these technicians, locally. The Identification and Forensic Sciences Division at Police Headquarters, under the command of the Investigation Department, houses the main laboratories and analyzes evidence that is gathered by the local units with a range of tests and analyses (the labs include: DNA, chemistry, fingerprints, drugs, explosives and flammable materials, ballistics, etc.).
Under Israeli law, all crime victims have the right to protection, to information as to the progress of their case, the right to see the indictment, the right to submit a declaration as to the harm inflicted, and the right to information regarding victim assistance. Many additional rights are reserved for the victims of sexual and/or violent crimes. These include the right to information on the defendant's detention in custody or imprisonment, the right to speedy proceedings, the right to be accompanied by another person during questioning, and the right to express their views regarding a (proposed) stay of proceedings, plea-bargain, early release from prison, or presidential pardon.
ARRESTS: If someone is arrested for a serious crime, he or she will usually be detained until the trial. By law, the police must bring the suspect before a judge no more than 24 hours after the initial arrest if the suspect is an adult, and no more than 12 hours afterward if the suspect is a minor under 14 years of age. This period may be extended if evidence shows that the suspect will be a danger to the public, to the State, or to an individual if at large, or if the judge believes the suspect will try to tamper with evidence or with witnesses, attempt to leave the country, or otherwise attempt to escape justice.
The court may extend the period of detention for up to a maximum of 15 days at a time. After 75 days the prosecution must either present an indictment sheet to the court or release the suspect. In rare cases, the law provides for further 90-day extensions of the detention on the order of a Supreme Court Judge.
There are police lock-ups in the various stations and in some police districts, in which those undergoing investigation or those awaiting trial are kept under detention. By law, juveniles are kept in separate cells from adults and women are kept separately from men.
The victim will be notified of the arrest, and may be asked to identify the perpetrator in person or in a police lineup. If so, the investigator will take every step to protect the victim's confidentiality and safety.
PRETRIAL PERIOD: Upon completion of the investigation, the files are handed over to the relevant prosecutorial body - either to the police prosecutor or to the relevant district attorney's bureau. The prosecutor invokes the process of indictment and decides what criminal charges the suspect is going to face.
Israeli law recognizes three categories of criminal offense: felonies, which are punishable with imprisonment of more than three years; misdemeanors, or crimes punishable by imprisonment of between three months and three years (or by a large fine); and contraventions, or crimes punishable by imprisonment of up to and including three months (or a smaller fine than that incurred in misdemeanors).
During the entire prosecutorial process, the prosecutor has the right to offer a plea bargain to the accused or to his/her attorneys.
TRIAL: Unless the judge declares that the trial is not open to the public, there are no restrictions keeping the public, the media, Embassy representatives, etc. from observing. However, cameras are not allowed in the courtroom. Cases involving juveniles are always closed to the media and public.
As in the U.S., you should stand when the judge enters the courtroom. You should not wear shorts, jeans, or other very casual clothing. Attorneys generally wear dark suits with white shirts and black ties; in the district courts, they wear robes.
Israel does not have a jury system; instead, trials are heard by one judge (or three judges, in special cases). During the first stage of the trial, the evidence is brought before the judge by the two parties (prosecution and defense) through the examination of witnesses and cross-examination. In criminal hearings in the district courts, district attorneys represent the State and serve as representatives of the Attorney General. In magistrates' courts, police prosecutors generally represent the State.
The trial is divided into two parts: the prosecution presents its witnesses and evidence, then the defense does likewise. The defendant has the right not to testify if he or she so wishes. Witnesses who are considered likely to alter their testimony, or who wish to leave the country, may be brought before the court to give testimony before the trial takes place. If the testimony takes more than a day, another appearance will be scheduled days, weeks, or even months later, and so on until the case is decided. Thus, trials usually take several months from start to finish, although only a few days are actually spent in court.
The crime victim is not required to attend every court appearance. However, if the victim does not testify, chances of winning the case are greatly reduced. Rarely, the crime victim may testify through deposition at an Embassy of Israel in the U.S.
After both sides have completed their presentations to the court, the court adjourns, weighs the evidence, and decides whether the prosecution has proven its case beyond a reasonable doubt. The court then delivers its verdict.
SENTENCING: Based on the material evidence, the judge decides if the accused is guilty or innocent. After passing the verdict, the court considers arguments pertaining to the mode of punishment, and finally passes its sentence on the offender. Often, these three phases occur during three different sessions of the court. In proceedings pertaining to sexual offences, a social worker may be asked to provide a "victim impact statement" which may have a bearing on the sentence of the accused. In most cases, the sentence will be served immediately. The victim will be notified when the perpetrator is transferred or released.
APPEALS: Under the Criminal Procedure Law, both parties have the right to appeal a court's verdict or sentence within 45 days of the date it is delivered. The appeal court may allow the appeal in whole or in part, dismiss it, or return the case to the trials court with instructions. There is no testimony at appeals.
Both parties have only one right of appeal. If the court has considered an appeal, and it feels that there was a conflict with a previous judgment or that the precedent was so novel and complex that the case should be considered by a wider composition of judges, a further hearing may be ordered.
ATTORNEYS: You may want to consider hiring a local attorney to secure appropriate legal guidance. Local legal procedures differ from those in the United States. Although the public prosecutor is responsible for prosecuting your case, an attorney you hire can promote your interests with the police and the court. While our office cannot recommend specific attorneys, we maintain a list of attorneys who have expressed interest in representing U.S. citizens at http://telaviv.usembassy.gov/consular/acs/lawyers.aspx.
VICTIM COMPENSATION in ISRAEL: Israel operates a program to provide financial compensation for victims of terrorism, but does not currently have a program for compensating victims of violent or personal crime. There is no national crime victim assistance office. However, Ono Academic College operates the Noga Center for Victims of Crime, which was established in order to offer legal advice and representation to victims of serious crimes as well as to raise awareness in Israel of the needs of the victims. The Noga Center provides legal representation for victims of crimes including rape, sexual abuse, child abuse, and homicide, and assists victims in their dealings with the authorities - from the police to the prosecution and during disciplinary hearings. In partnership with the Schneider Children's Medical Center, the Noga Center also offers counseling to minors who have been the victims of sexual abuse. Their telephone number is 03-5666618; they can also be reached by e-mail at danap@ono.ac.il. Their Hebrew-language website is http://noga.org.il/.
Additionally, the Israeli police system includes a Victim Support Unit which monitors the support provided to crime victims by the investigators. They are especially concerned with the needs of victims of sexual and/or domestic abuse, mentally or physically disabled victims, children, and the elderly. If you are a victim of crime, the police officers assisting you can give you the contact information for the Victim Support Unit overseeing your case.
EMBASSY LOCATION: U.S. citizens living or traveling in Israel are encouraged to register with the nearest U.S. Embassy or Consulate through the State Department's travel registration website so that they can obtain updated information on travel and security within Israel. U.S. citizens without Internet access may register directly with the nearest U.S. Embassy or Consulate. By registering, American citizens make it easier for the Embassy or Consulate to contact them in case of emergency.
The U.S. Embassy is located at 71 Hayarkon Street, Tel Aviv, Israel. Our phone number at the Embassy is 03-519-7475; for after hours emergencies, please call 03-519-7551. Our e-mail address is AMCTelAviv@state.gov and our website. The U.S. Consulate General in Jerusalem is located at 27 Nablus Road, Jerusalem. Our phone number at the Consulate General is 02-628-7137 or 02-622-7219; for after hours emergencies, please call 02-622-7250. Our e-mail address is jerusalemACS@state.gov and our website.
SPECIAL INFORMATION FOR CASES OF SEXUAL ASSAULT AND RAPE: Physical evidence is very important in sexual assault cases, and can deteriorate as time passes. As such, victims should not change clothes, should avoid bathing if possible, and should have a physical exam at the first opportunity. You should take these steps even if you are unsure about whether to report the crime to police. If you decide to pursue a prosecution at a later time, these steps preserve evidence that will assist the prosecutor. A consular officer or after-hours duty officer from the U.S. Embassy or Consulate may be able to accompany victims of sexual assault for the medical exam.
Israel has a broad legal definition of what constitutes sexual assault: Any nonconsensual sexual contact may be considered assault. The Israeli legal system also recognizes and condemns sexual assault and rape within marriage. Victims who choose to take their cases to court will not be asked about their past sexual experiences by judges or defendants' attorneys. While the system is not perfect, there is a conscious effort to treat those who press charges with dignity and respect.
Sexual assault against minors and sexual assault against male victims are also crimes under Israeli law. Date rape (acquaintance rape) is not specifically mentioned in Israeli law but meets the legal definition of sexual assault.
You should get medical attention to determine if you have been injured in any way and to discuss treatment and prevention options for pregnancy and sexually transmitted diseases. Emergency contraception (the morning-after pill) and HIV prophylaxis are available in Israel. The U.S. Embassy or Consulate can provide you with a list of local doctors.
You may request a forensic sexual assault examination (pelvic exam, vaginal/penile/anal swabs, head and pubic hair samples, fingernail scrapings, blood samples, saliva samples, etc.) without authorization from the police or any other officials, and the exam will be carried out at no cost to you. However, as of May, 2008, only three emergency rooms in Israel provide forensic sexual assault exams. If possible, victims of sexual assault should go to the emergency room at Bnei Zion Medical Center (Rothschild) in Haifa, Poriya Hospital in Tiberias, or Wolfson Medical Center in Holon with a consular officer, a representative of a rape crisis center, or a police official. You may also bring a friend or family member for emotional support. The exam is designed to help police identify the assailant, and can be carried out whether or not you decide to press charges immediately. The evidence is stored for three months, during which time you can decide whether to file an official complaint. If you do not submit a police complaint within three months, the evidence will be destroyed. The hospitals do not divulge the identity of those who undergo the exams and do not give police the evidence unless the victim files a complaint.
If you decide not to have a medical exam, you may still decide to file charges later. However, it may be more difficult to win your case if you have not had the medical exam.
If you are not near one of the three hospitals that provide forensic sexual assault exams, you should seek medical help at the closest hospital or health center. If you choose to file charges, your treatment history may be entered as evidence, but only Bnei Zion Medical Center, Poriya Hospital, and Wolfson Medical Center are able to provide full forensic sexual assault exams.
If you decide to press charges, you will be interviewed by at least one police officer, who is trained to treat you with sensitivity and respect. You may be interviewed by more than one officer.
Under Israeli law, the identity of sexual assault survivors is protected, and you should not expect media attention. As was mentioned earlier, under the law, all crime victims have the right to protection, to information as to the progress of their case, the right to see the indictment, the right to submit a declaration as to the harm inflicted, and the right to information regarding victim assistance. Many additional rights are reserved for the victims of sexual and/or violent crimes. These include the right to information on the defendant's detention in custody or imprisonment, the right to speedy proceedings, the right to be accompanied by another person during questioning, and the right to express their views regarding a (proposed) stay of proceedings, plea-bargain, early release from prison, or presidential pardon.
There are many rape crisis hotlines in Israel, with operators who speak English and other languages. Here are two such hotlines:
1202 - The Association of Rape Crisis Centers
Israel's network of Sexual Assault Crisis Centers provide mental and emotional support, and their volunteers will accompany you to the police station and hospital, if you wish. They operate a twenty-four hour emergency hotline. With centers all around the country, this network offers support groups and legal consultation and assistance. The center is sensitive to the needs of all sectors of society and has volunteers to match the needs of the clients (for example, religious women who might be uncomfortable with persons unfamiliar with their customs). Their website is http://www.1202.org.il/English/.
Telephone: 1202
Male Assault Victim Hotline
A telephone-based help center, operated by men, providing long-term support, assistance and guidance for men and boys who have faced sexual assault.
Telephone: 03-5179179
SPECIAL INFORMATION FOR CASES OF DOMESTIC VIOLENCE: Domestic violence is a crime in Israel, and there are hotlines and shelters for women and children throughout the country. Under the Prevention of Violence in the Family Law, courts have jurisdiction to issue protective orders and restraining orders that remove the abusive person from the family home. Local police will respond to requests to intervene if these orders are violated.
Stalking has been recognized as a crime under Israeli law since 2001.
Many shelters and organizations that help victims of domestic violence in various parts of Israel are listed at http://www.hotpeachpages.net/mideast/israel.html. Most of the shelters are secure, and many take walk-in clients. Many also welcome children. Unfortunately, none are known to accept pets.
SPECIAL INFORMATION FOR CASES OF CHILD ABUSE: There is no one government authority in Israel that is solely responsible for the protection of children. Instead, Israel has an extensive system of laws designed to protect children's rights. One such law is the Prevention of Abuse of Minors and the Helpless Law, which makes it mandatory to report any suspected abuse by a parent or other responsible party to the authorities. Corporal punishment in schools and in families falls under the legal definition of abuse.
Suspected child abuse may be reported to the police or by calling the Israel Association for Child Protection (ELI) and asking for assistance. The Government of Israel recognizes the Israel Association for Child Protection (ELI) as an organization which deals specifically and exclusively with all of the various aspects of child abuse. ELI runs a shelter to provide immediate protection to abused children who must be removed from home. They can also provide legal assistance and counseling. They have a hotline where you may seek help, report abuse, or ask for help in stopping abusive behavior: 1-800-22-3966 or hotline@eli.org.il.
Another organization, the National Council for the Child, is an organization in Jerusalem addressing issues including education, health, children at risk, abuse, and delinquency. cat_id=216&cat_id_to_look=216. They are located at 38 Pierre Koenig Street, Jerusalem, telephone +972-2-678-0606. Their e-mail address is ncc@children.org.il.
If an American child is removed from his or her family due to abuse or neglect and no other family members are available to assume responsibility for him or her, the child will be placed with a trained foster family or with an appropriate institution in Israel and will be visited by U.S. Embassy officials. If you know of an American child in foster care, in a group home, or in an at-risk situation in Israel, please notify the U.S. Consulate General or Embassy as soon as possible and give information about the child and his/her location.
If the abuser is charged with a crime, Israel's laws are designed to alleviate the trauma of undergoing police investigations and testifying in court. The law permits a child investigator (not a police officer) to testify in place of the child. Further, a child's competency to testify in court will be determined by the best interests of the child and not always by the best interest of the investigation.
SPECIAL INFORMATION FOR CASES OF HOMICIDE: Among Jewish and Muslim communities, there is a strong cultural and religious reluctance to perform autopsies. However, for religious Jews and Muslims, autopsies cannot legally be objected to on religious grounds if they are required for forensic reasons. In Israel, autopsies must be carried out in the following cases:
- when homicide is suspected by police investigators or by family members of the deceased;
- when suicide is suspected;
- for victims of terrorists attacks;
- when the death occurs in a psychiatric institution;
- when a patient has died en route to a hospital emergency department; and
- in relation to a police investigation.
Under Israeli law, the family of the victim will be advised of the progress of the criminal investigation from start to finish. They will be informed of the result of the trial and of any plea bargain. Through a family representative, they will be able to explain the suffering undergone by the victim and the victim's family, and will be invited to share their views regarding appropriate punishment. They will also be allowed to give input for parole hearings.
Clearance Page
Drafted: Tel Aviv, J. Sorensen
Cleared: ACS Unit Chief, E. Greene
Consular Section Chief
Post RSO (as needed)
Legatt (if kidnapping information included)
Regional Medical Officer (if medical information provided)
CA/OCS/ACS desk officer
Victim Assistance Specialist
CA/OCS/ACS division chief