Wednesday, January 14, 2004

Case of the Unnamed Fourteen year-old Rapist

Case of the Unnamed Fourteen year-old Rapist
Tel Aviv, Israel
 

Convicted and sentenced a 14-year-old boy to 15 years in prison and three years of probation for the rape and murder of a five-year-old girl. 
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Table of Contents: 
  1. 14-year-old rapist-murdered sentenced to 15 years  (12/24/2003)
  2. Minor gets 15 years for rape and murder of 5-year-old girl (12/24/2003)

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14-year-old rapist-murdered sentenced to 15 years
Ha Aretz - December 24, 2003

The Tel Aviv District Court, acting as a juvenile court, on Wednesday sentenced a 14-year-old boy to 15 years in prison and three years of probation for the rape and murder of a five-year-old girl.
 
On March 31 of this year, the girl was sent by her mother to a grocery store to buy sugar.
 
The defendant, who worked in the store, grabbed the girl after she left the store, dragged her back in and raped her. When she started calling for help, he stabbed her 31 times and killed her.
 
The judges stated in their decision that the defendant's life circumstances, as rough as they may have been, cannot justify such a abominable murder.

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Minor gets 15 years for rape and murder of 5-year-old girl
By Assaf Bergerfreund
Ha'Aretz - December 25, 2003

A 14-year-old boy was sentenced yesterday by the Tel Aviv District Court to 15 years in jail for the murder and rape of a 5-year-old girl. A three-judge panel ruled that "the boy's young age and minor status cannot provide him immunity against punishment."
 
The judges stressed in their ruling that the harsh circumstances of the youth's life could not justify such a heinous murder.
 
The murder took place some nine months ago, when the young girl was sent by her mother to a grocery store owned by the youth's father to buy sugar. After leaving the store, she was chased by the youth, who caught her, picked her up against her will and forced her into his room adjacent to the store.
 
The youth then sodomized the child, who began crying and calling for help. Unable to silence the girl, the youth ran to the kitchen, grabbed a knife and stabbed her to death 31 times. He then dumped the body outside, telling his brother of his actions a few hours later. The brother reported the incident to the police.
 
The dilemma facing Judges Saviona Roth-Levy, Avraham Tal and Ofra Salomon Cherniak with regard to the punishment to impose on the youth centered on the provisions of the Juvenile Law that stipulate that a minor under the age of 14 cannot be sentenced to time in prison. The youth confessed to the crimes that were committed before he turned 14, but sentencing was passed with him aged 14 years and five months.
 
The State Prosecution had requested that he be sentenced to serve six years in a closed institution till the age of 20, plus another 3.5 years for the sexual crime he committed. The youth's defense lawyer asked the court to waive the jail sentence and suffice with the six years in a juvenile institution.
 
The judges, however, rejected both the prosecution's and the defense's positions, and decided to place their emphasis on the punishment, ruling that they were unable to adopt a position that related only the youth's personal circumstances.
 
In their ruling, the judges wrote that in such an instance, they were required to take into account the elements of deterrence and public safety. "Adopting a forgiving attitude toward crimes of murder committed by minors would constitute contempt for human life - the life of the victim," the judges wrote.  

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