Case of Ovadia Gershon

Case of Ovadia Gershon

Director of Beit Hashanty Hostel - Tel Aviv, Israel

Ovadia Gershon was convicted of molesting a mentally challenged girl and then a year later was acquitted of the sexual assault. 

According to the original charge sheet, Ovadia Gershon sexually assaulted one of the residents for over a period of two years. He would take her to the hut where he slept and show her pornographic movies, the prosecution charged.  

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Table of Contents:

2003

1. Former hostel director convicted of raping Williams Syndrome minor  (09/10/2003)
2. Director of Shanty House arrested again on suspicion of sexual crimes (09/22/2003)
3. Shanty House director detained again on suspicion of sexual abuse (09/24/2003)
4. Suspected: Haredim forced minor girls into drug use  (09/24/2003)
5. 15 years for ex-head of shelter who raped minor  (09/25/2003)
6. She wanted to be loved (10/29/2003)

2004

1. Hashanti founder acquitted of rape  (04/05/2004)

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Former hostel director convicted of raping Williams Syndrome minor

By Assaf Bergerfreund

Ha'aretz - September 10, 2003

The former director of a hostel for disadvantaged youth has been convicted of the rape of a mentally-challenged minor.

Two of the three judges in the Tel Aviv District Court found Ovadia Gershon guilty of raping and sexually molesting the girl when she was less than 16 years old. The third judge ruled that he should be acquitted for lack of evidence.

The charge sheet against Gershon, who ran the Beit Hashanty hostel in Tel Aviv, stated that he had committed the acts for a period of two years with the girl. He would take her to the hut where he slept and show her pornographic movies, the prosecution charged. Gershon allegedly took advantage of the fact that the girl suffered from Williams Syndrome, a genetic disorder which causes mild mental retardation and is often manifested in an inability to control sexual behavior. That is why she could not be considered as consenting to the sexual acts, the charge sheet read.

Judge David Bar-Ophir said he believed the girl's version of the events and added that her mentally challenged state should not be considered an impedement to giving reliable evidence.

He said he could not believe Gershon's general explanations for his behavior and for why the girl should accuse him of molesting her.

He said Gershon had not told the truth about certain central points relating to the rape and had not taken into account the girl's mental condition.

Judge Hadassah Ahituv said she agreed with Bar-Ophir.

On the other hand, Judge Nira Lidsky, in a minority opinion, said Gershon could not be convicted on the basis of the girl's testimony alone.

Lidksy argued that not all of Gershon's testimony made sense or sounded trustworthy but noted that he had given testimony only 30 days after his son committed suicide.

She said she had doubts in her heart and believed that Gershon should be given the benefit of the doubt and be acquitted on that basis.

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Director of Shanty House arrested again on suspicion of sexual crimes

By Avi Cohen

Bambili News - September 22, 2003

(Translation from Hebrew to English by Avraham Sonenthal)

The two are suspected of indecent acts on minors, and of having videotaped their acts. One of the suspects is the son of a famous haredi singer. Associates of his father say: "This is a frameup"

Two haredim from Jerusalem are suspected of forcing minors, aparently haredi girls, into drug use, and then performing indecent acts on them and then filming their acts with a home video camera. The arrest of the two, in their 30's, was conducted today and they will be held until Monday in the city courthouse.

One of the detainees is the son of a famous singer in the haredi community. In a search of the house of one of the detainees by police were found video recordings that were used by the investigators in their investigation. A gag order was placed on other details of the arrests.

Associates of the singer, the father of one of the detainees, said to ynet that the whole affair was a frameup aimed at him (the singer) whose goal was to extort money from him.

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Shanty House director detained again on suspicion of sexual abuse

By Avi Cohen

Bambili - September 24, 2003

(Translation from Hebrew to English by Avraham Sonenthal)

Ovadiah Gershon had been accused of raping a mentally ill girl, but now complaints are being investigated of another girl, who claims that he performed indecent acts on her. After investigators from the central unit verified the suspicion, they detained Gershon who has for years managed the Shanty House in Yaffo.

Ovadiah Gershon, who in the past was the manager of Shanty House, who was accused just two weeks ago in the rape of a mentally ill girl, was arrested today (Tuesday) once more on suspicion of performing indecent acts on another young girl.

A few days ago a 16 year old girl arrived at the Childrens department at the Central Unit in Tel Aviv and charged that Gershon, aged 66, performed indecent acts on her over about 6 years. They opened an investigation, and ofter examining the evidence detained the suspect for interrogation.

Until now, Gershon has been detained in Beit Hamitzpeh Ramon, by order of a court judgement, that had accused him of sex crimes against a mentally ill girl. Gershon announced at the beginning of the month that it was his intention to appeal the decision to the high court.

In the courts decision it was written that Gershon showed the girl pornographic movies in his apartment in Shanty House during 1999-2000 and then raped her. The prosecutor claimed that Gershon exploited the fact that the girl was mentally impaired and also exploited her love for him and her trust in him.

The acts were investigated after the girl happened to tell her mother about the acts and the mother told the family doctor. The girl said that the director of Shanty House "Taught her how to enjoy having relations". The girl said that Gershon asked her not to tell about the acts: "If they find out we are doing this, they will think we are crazy", he explained to her.

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Suspected: Haredim forced minor girls into dBy Avi Cohen

Bambili News - September 24, 2003

Ovadiah Gershon was accused lately of raping a retarded girl, but now a complaint is being investigated from another girl, who claims that he performed indecent acts on her. After the center investigative unit substantiated the accusation, they arrested Gershon who through the years has managed the Shanty House in Yaffo.

(Note: Contains a large graphic which says: They cannot force you to be quiet)

Ovadiah Gershon, who in the past was the manager of Shanty House, who was accused just two weeks ago in the rape of a retarded girl, was arrested today (Tuesday) once more on suspicion of performing indecent acts on another young girl.

A few days ago a 16 year old girl arrived at the Childrens department at the Central Unit in Tel Aviv and charged that Gershon, aged 66, performed indecent acts on her over about 6 years. They opened an investigation, and ofter examining the evidence detained the suspect for interrogation.

Until now, Gershon has been detained in Beit Hamitzpeh Ramon, by order of a court judgement, that had accused him of sex crimes against a retarded girl. Gershon announced at the beginning of the month that it was his intention to appeal the decision to the high court.

In the courts decision it was written that Gershon showed the girl pornographic movies in his apartment in Shanty House during 1999-2000 and then raped her. The prosecutor claimed that Gershon exploited the fact that the girl was mentally impaired and also exploited her love for him and her trust in him.

The acts were investigated after the girl happened to tell her mother about the acts and the mother told the family doctor. The girl said that the director of Shanty House "Taught her how to enjoy having relations". The girl said that Gershon asked her not to tell about the acts: "If they find out we are doing this, they will think we are crazy", he explained to her.

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15 years for ex-head of shelter who raped minor

By Zvi Harel and Roni Singer, Haaretz Correspondents

Haaretz - September 25, 2003

The former director of a hostel for disadvantaged youth who was convicted earlier this month on charges of raping a mentally challenged minor was sentenced Thursday to 15 years behind bars.

The charge sheet against Ovadia Gershon, who ran the Beit Hashanty hostel in Tel Aviv, stated that he had sexually harased the girl over a period of two years. He would take her to the hut where he slept and show her pornographic movies, the prosecution charged.

Gershon allegedly took advantage of the fact that the girl suffered from Williams Syndrome, a genetic disorder that causes mild mental retardation and is often manifested in an inability to control sexual behavior. That is why she could not be considered to have consented to the sexual acts, the charge sheet read.

Immediately after sentencing Thursday, Gershon was taken into custody by police acting on information from another teenage girl who claimed that he had sexually molester her over the past six years.

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She wanted to be loved

By Zvi Harel

Haaretz - October 29, 2003

The rape conviction and prison term imposed on Beit Hashanti manager Ovadia Gershon were based on testimony from a teenage girl suffering from Williams Syndrome - a strong craving to be loved and accepted by everyone, including strangers and acquaintances, and a tendency toward sexual provocation.

Fifteen years in prison was the sentence handed down by the Tel Aviv District Court earlier this month against Ovadia (Dino) Gershon. His conviction on rape and sodomy of a teenage girl (under age 16) came in sharp contrast to the image he had managed to create for himself:A pleasant man and an untiring volunteer who established Beit Hashanti in Tel Aviv 25 years ago, when he was 40 years old. Beit Hashanti serves as a hostel for homeless teens and victims of sexual abuse. In 2000, Gershon received the President's Award for Volunteerism.

The court decided on a severe sentence, in light of the fact that he exploited the plaintiff's mental disorder. Indeed, the conviction provides an opportunity to examine the problematic nature of the plaintiff's personality. It also offers a look into the dilemmas confronted by the judges who decided to convict him by a 2 to 1 majority: Judges David Bar-Ophir and Hadassah Ahitov-Hartman decided to convict, while Judge Nira Lidsky believed the defendant should be acquitted for lack of conclusive evidence.

A key figure in understanding the plaintiff's emotional condition is Dr. Doron Gothelf, a psychiatrist specializing in children and teenagers, who directs the Behavioral Genetic Clinic at Schneider Children's Medical Center in Petah Tikvah. According to Dr. Gothelf, the plaintiff suffers from a rare genetic disorder called Williams Syndrome, which usually - as in this case - is not hereditary. Rather, the disorder is caused by the loss of some of the chromosomes during the creation of the sperm cell or egg.

People who suffer from this syndrome, the psychiatrist testified, have characteristic facial features: an elongated face, puffiness around the eyes, a small upturned nose, full lips and a small chin. According to the psychiatrist, these children "start walking late and tend to be clumsy. They are also late to acquire language. They tend to be short and the sexual development of some of them begins earlier than usual."

The behavioral characteristics of this syndrome are expressed in mental limitations, in everyday and social functioning, and in unbridled sexual behavior. In the psychiatrist's opinion, those suffering from this syndrome are highly capable of identifying with others. He added that the tests the plaintiff underwent indicated a strong craving to be loved and accepted by everyone. Therefore, she tends to tell her interlocutors what they expect to hear from her.

Dr. Gothelf said that despite her peculiarity and lack of judgment in her behavior, she is not psychotic and does not suffer from delusions or hallucinations. She distinguishes between imagination and reality, does not tend to lie and is not sophisticated enough to concoct a false charge.

The psychiatrist pointed out a typical defect in those afflicted with this syndrome and which is particularly prominent in this plaintiff: a deficient sense of time. According to Dr. Gothelf, she is capable of providing details about events that took place a number of years ago while saying that they occurred just several months ago. In addition to seeking to please others verbally, she also does this through physical and sexual contact that she periodically initiates.

This is how Dr. Gothelf explained the plaintiff's strong craving to be loved and accepted, including by strangers: "This impulse finds expression in her lack of judgment in offering compliments and warm statements like `I love you' and she tends to express her yearning by touching, hugging and kissing, including with people for whom this relationship is inappropriate, such as doctors or teachers ... Since her childhood, she experienced a number of incidents of sexual exploitation. She got mixed up with adult strangers who tried to rape her following her sexual messages."

The charges leveled against the defendant occurred between November 1999 and August 2000. The defendant began to carry out these offences against the plaintiff when she was 15: He had sexual intercourse with her after the two viewed pornographic films together. The plaintiff's age is significant because intercourse with someone under the age of 16 is considered a severe offense in rape cases.

The plaintiff's mother was the first one she told about what the defendant did to her. During one of their trips on the train, the daughter told her about a sexual relationship she had with a teenager. She said that the teenager treated her nicely - just like the defendant. The daughter realized that she had said something that was forbidden. According to the mother, "At that moment, I asked her how she knew. She didn't tell me all of the details right away, because it was difficult for her to talk about it. It was also hard for me to hear. She told me that she would masturbate and that he would give her instructions. Then he would lick her and then carry out penetration." The mother reported the awful things she heard from her daughter to Dr. Gothelf, who contacted the social services and police authorities.

The plaintiff told Dr. Gothelf that she would have sexual relations with the defendant at the institution he directed. The defendant treated her gently, she said, and taught her how to reach orgasm. She described the sexual relations between them as "something pleasant." She told him that the sexual relations were suddenly ended because the defendant told her: "If someone hears we are doing this, they'll think that we're crazy." She said she was sorry that she could no longer be able to have sexual relations with him. In her conversation with the psychiatrist, she also expressed concern that the defendant would be sent to prison. Nonetheless, under cross-examination, in response to questions posed by defense attorney Alon Rom, she asked the judges to impose a harsh sentence on the defendant. "He raped me. He deserves to be punished, a very big punishment."

Dr. Gothelf's testimony reveals that the plaintiff's mother allowed her to view pornographic films to help the daughter deal with her sexual urges, which sometimes led her to masturbate in public. We also learn from Dr. Gothelf's testimony that the plaintiff stripped at a dance party; the psychiatrist attributed this to her desire to stand out. A young woman who knew the plaintiff testified that the plaintiff had no qualms about undressing at the seashore. Another witness told how the plaintiff smiled at a drunk man and even hugged him as they were walking along the pier.

Judge Bar-Ophir emphasized in writing the majority decision that the plaintiff's testimony must be regarded with extra caution considering her problematic personality. This caution is especially warranted in light of his finding that the police had provided "a certain amount of guidance" in eliciting her testimony.

In the judge's opinion, the question of the plaintiff's credibility is also raised by the innocent and empathetic description of the defendant's behavior that she provided in her statement to the police: "I always had fun with him and he never forced me to do something thatI didn't want. He didn't hurt me in bed and didn't hit me. It was always fun. I never yelled and I never resisted."

When asked in her testimony why she never thought to resist, she responded: "Because I thought it was completely okay and that it wasn't dangerous from the perspective of illnesses like AIDS."

The judge accepted the argument of prosecutor Yehudit Leibe that only someone who has experienced these events can describe them in this way. The judge was aware of the contradictions in her testimony, but also that "a regular plaintiff is liable to become confused, especially in intimate and traumatic matters like sexual attacks."

The defendant made an impassioned plea of innocence. He denied all of the charges against him, arguing that these things never occurred. According to Gershon, he saw with his own eyes that the plaintiff's mother brought her pornographic films and when he expressed surprise about this, the mother responded that it was good for the plaintiff.

Gershon attributed the plaintiff's complaint to her desire for revenge. "I have no explanation for everything the girl says," the defendant testified. "She fantasized all the time. Lived in her own mini world. Came and told stories about rapists."

Judge Bar-Ophir based the conviction on additional evidence that reinforced the plaintiff's testimony: the mother's testimony, the plaintiff's emotional state during the period she had sexual relations with the defendant, the testimony of Dr. Gothelf - and the confirmation the plaintiff provided to several prosecution witnesses.

Judge Lidsky explained her minority opinion to acquit the defendant on the grounds of reasonable doubt by stating that there is no guarantee that the facts described by the plaintiff "are all the unadulterated truth." The judge identified gaps in the versions of the plaintiff and her mother. In the judge's view, the plaintiff's testimony includes "a little truth, perhaps hugs and kisses. Ordinary sexual attraction, a bit of occupation with sex, a little wrong judgment, a little denunciation of the defendant," as the plaintiff did on the witness stand. Based on this opinion, the judge stated, "It is not correct to base a person's conviction on the type of testimony provided by the plaintiff, despite all of the heartbreak due to her personality and fate."

Last week, several days after Gershon was sent to serve his sentence, another indictment was filed against him. This time, the charge is that he carried out indecent acts during the years 1990-1997 against a girl who was just five years old in 1990. He is also charged with sodomy. These charges pertain to a period prior to his sexual exploitation of the teenager suffering from Williams Syndrome. The common denominator between the rape conviction and new indictment is that in both cases, the acts were allegedly committed in Gershon's own home.

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Hashanti founder acquitted of rape

By Yuval Yoaz

Haaretz - April 5, 2004

The founder of the Beit Hashanti hostel in Tel Aviv for homeless and abused teens, Ovadia Gershon, was acquitted of rape charges yesterday by the High Court of Justice.

Gershon, who set up the hostel 25 years ago and was a recipient of the President's Award for Volunteerism, was convicted by a lower court some six months ago of rape and sodomy of an underage girl living at the hostel. He was then sentenced to 15 years in prison.

The High Court decided to acquit Gershon. In the two-to-one decision, Justices Edmond Levy and Yaacov Turkel decided in favor of acquittal, while High Court President Aharon Barak decided against it.

The girl who charged Gershon with rape suffers from Williams Disorder, a genetic disorder characterized by mild mental retardation, extreme behavior and naive perception. People with the syndrome often do not fear strangers, and it is easy to take advantage of them.

The lower court's conviction, also a two-against-one decision, was based on the testimony of the girl and her mother.

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