INTERNATIONAL CALL TO ACTION: Regarding Israeli Judge, Moshe Gilad decision in case of Incest

July 12, 2010

INTERNATIONAL CALL TO ACTION:  

Brother of Incest Survivor Sent To Prison By Israeli Judge, Moshe Gilad

It appears that Israeli Judge,  Moshe Gilad is unfamiliar Post Traumatic Stress Disorder (PTSD) and the ramifications childhood physical and sexual abuse can have on non-offending family members.  The Awareness Center along with other advocacy groups find it outrageous that a judge would send a young man who was attempting to protect his sister from any more sexual assaults to prison, instead of court ordered therapy with someone who specializes in PTSD.   

According to an article published by Ha'aretz (see below), upon arresting the teenage brother, the police also arrested the alleged sex offending step-father on suspension of a sex crime, yet released him two days later with the understanding he was not to go into the family home for two weeks.  The article also describes the young man as a victim of long term physical abuse by his sister's alleged sex offender.

Like in many other cases of incest, the mother doubted her daughters accusations.  The girl's mental health status declined, leading her to be hospitalized.

The article quoted Judge Gilad as saying: "I imagine that after he described himself and his sister being 'abused' physically and verbally for years, that when his sister described to him how the complainant had sexually assaulted her, the accused must have felt horrible," Judge Moshe Gilad wrote in his verdict. "I am ready to believe that when the accused saw his sister feeling so vulnerable, and heard her tell of such horrible things, he was frustrated and enraged."

But he added: "We cannot allow the court to send a message that someone who stabs another in anger, rage, revenge, no matter what the reason, will not be put under lock and key."

Though the young man stabbed his stepfather while sleeping, it is obvious to anyone who understands the dynamics of child abuse, that this was an delayed act of self defense and not one of "revenge and rage".  

Please demand that Judge Moshe Gilad reconsider his sentence of a young man who needs specialized care to help him overcome his childhood trauma, and also demand that his sister receive rape trauma counseling immediately and that her step-father be court ordered out of the home indefinitely.

Contact Information:

Judge Moshe Gilad

Haifa District Court

12 Palyam Street

Haifa, Israel  33095

E-mail:  pniyot@court.gov.il

Fax from the United States to Israel: 011-972-4-869-8644

Fax in Israel:  04-8698644

Background information on Judge Moshe Gilad

Born in 192 in Romania

In 1961 he immigrated to Israel

In 1970-1976 he served in the IDF

In 1980 graduated LLB degree at University of Tel-Aviv.

In October 1981 he qualified as a Din (Judge).

In 1981-2008 he worked as an editor - an independent lawyer

In February 2008 he was appointed to serve as a judge in Haifa District Court

http://elyon1.court.gov.il/heb/cv/fe_html_out/judges/k_hayim/202732298.htm

http://elyon1.court.gov.il/heb/cv/fe_html_out/courts/details/205.htm

Teen who stabbed 'rapist' stepfather jailed for 12 years

A Haifa District Court sentences an 18-year-old from northern Israel to 12 years in jail for stabbing his stepfather, who allegedly raped the man's younger sister.

By Fadi Eyadat

Haaretz - August 11,  2010

http://www.haaretz.com/print-edition/news/teen-who-stabbed-rapist-stepfather-jailed-for-12-years-1.307241

A Haifa District Court sentenced an 18-year-old from northern Israel to 12 years in jail yesterday for stabbing his stepfather, who allegedly raped the man's younger sister.

The court stated that the youth, who played an important role in his sister's life, was enraged after the girl told him of the rape. In delivering the verdict, the judge said: "Arguments must be settled by a court of law, not by the knife."

In January the teenager, who was still a high school student, was told by his younger sister that their stepfather had raped her two days previously and had sexually assaulted her several times in the past.

The teenager asked his sister to leave the house, armed himself with two kitchen knives, and stabbed his stepfather while he slept. The older man was taken to hospital but released soon afterwards.

Following the stepson's arrest, the stepfather was arrested on suspicion of sex crimes, but was released under conditions that included a restraining order banning him from the home for two weeks.

During the trial it emerged that the children's mother doubted her daughter's story. The girl's mental health deteriorated following the attack and she was eventually institutionalized.

"I imagine that after he described himself and his sister being 'abused' physically and verbally for years, that when his sister described to him how the complainant had sexually assaulted her, the accused must have felt horrible," Judge Moshe Gilad wrote in his verdict. "I am ready to believe that when the accused saw his sister feeling so vulnerable, and heard her tell of such horrible things, he was frustrated and enraged."

But he added: "We cannot allow the court to send a message that someone who stabs another in anger, rage, revenge, no matter what the reason, will not be put under lock and key."