Not only the rapist - the state also has to pay the price
Why is an unprotected minor housed with adults, including one so dangerous?
Why was her security abandoned in such a way?
The question of whether the state and the Ministry of Welfare complied with the procedures will be examined in court.
If the answer is no, the rapist from the Corona Hotel should receive very large monetary compensation, regardless of the suspect's conviction
Adv. Hila Yad-Shalom and Adv. Moshe Isaac
Sunday, 28 February 2021, 14:27
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In the video: The detention of the girl suspected of raping the girl in the Corona Hotel has been extended (Photo: Niv Aharonson)
Last Friday, an entire country was shocked to hear that the suspect in the rape of a minor in the Corona Hotel who had been arrested two days earlier was Yarin Sharaf, 21, with a criminal record and a well-known background.
A quick flick through the world of social networks reveals that this is a guy with a very active account on tic tac and Instagram networks, with about 10,000 followers.
This is not just a network activist, but a network activist who uploads violent, chauvinistic content, disparages women, frequently uses direct curses and threats on followers and especially followers.
As a result of many reports reaching the famous tic-tac-toe network among teens, his account was recently blocked.
Suffice it to look at a representative sample of the content he has uploaded online to understand that it is verbal violence par excellence.
We will not write down the derogatory words used by the suspect, but we will note that he brought to the fore women active social activists, who represent feminist values and work against sexual harassment and violence against women. Some examples are Maya Lee Levy, Naama Agai Shai and women Others who dared to express a different opinion and criticize the content uploaded by him.If that was not enough, the suspect even dealt directly with content related to rape and often attacked the same activities on the site waves, claiming that they are "unworthy of rape" because they are "fat".
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The inscription was on a great many walls.
Rape suspect Yarin Sharaf (Photo: screenshot, Facebook)
The suspect is already in lawsuits filed against him by activities due to his statements against them and it is not inconceivable that in light of the abundant evidence published in public, he will have to pay compensation to those victims of verbal violence. right: suspected rape-double, physical assault, beating and strangulation and soliciting drugs and alcohol.
The victim, a minor, which is located in residential and defined-risk youth, arrived at the hotel corona Hussein Ministry of welfare for being patient Corona verified. The motel is designed for youth and young adults infected in Corona, Do not live with their family and are cared for by the welfare services. The hotel in question is managed and supervised by caregivers from the Ministry of Welfare. determine the boys 'and girls' quarters will separate buildings supervised by him frameworks, they were in the same building on different floors.
already, even before an indictment is filed against the suspect, it is clear that a comprehensive review is needed of the circumstances that allowed the suspect to enter
For the residence of the minors.
It will be necessary to investigate where the staff members who run the hotel were at the time (according to the suspicion), the acts were carried out and according to the media in the Ministry of Welfare announced that they intend to establish a committee to investigate the case. .
In particular, the ministry was asked to examine how it is possible for minors and adults at risk to stay together in a hotel without separation.
Corona Hotel or Boarding School: And what about the safety of the frames?
The suspect, who has a criminal record and is well known, stayed in the lodge for only two days, during which the same horrific events allegedly took place.
At the end of the second incident the suspect hid in the bathroom and the guide at the Corona Hotel found him.
According to the suspect, as raised during the hearing to extend his detention on 25.2.21, the minor claimed that she was 16, she was the one who invited him to her room via correspondence on the Instagram app.
After receiving the report of the suspected rape, police officers arrived at the scene and the suspect was arrested and his detention was extended by 5 days.
These data raise serious questions about the responsibility of the Ministry of Welfare for the minors who are under its responsibility in out-of-home settings.
It should be remembered that the same out-of-home settings were originally intended for at-risk youth who were evicted from their homes or could not stay out of their homes and were intended to serve as a protective cover for those minors.
It is clear that these frameworks are required to be safe for those minors, whether it is a Corona lodge or a boarding school.
Therefore, a question arises in this case - can the state be held responsible for the events of the suspected rape, as long as they are proven?
How do you put such a person with minors?
(Photo: Screenshot, Facebook)
The first question: Is the state indebted for the events?
As is well known, the tort of negligence is examined in the test of reasonable conduct, and requires proof of 3 components: damage, guilt and causation.
Question of Damage: Whether the suspect is convicted is not in dispute in our case.
Hashem's question is examined in the test of reasonableness: Is a reasonable state and in our case a reasonable welfare office, would send a minor to a hotel where adults who are themselves a risk population are housed, who are likely to commit acts of violence on their part.
At least in the case of the suspect there is no dispute about the existence of a criminal past.
Were there any measures that could be taken to prevent the incident?
Was it to be expected that a person with a criminal record and a history of verbal violence against women might endanger minors staying with him?
These are all important questions that will be discussed in court.
The question of causation will examine whether there is a connection between the acts and omissions alleged and the damage caused.
As long as the answer is yes, the state can be charged with the tort of negligence.
The state / Ministry of Welfare is obligated to take care of the minor.
As part of this duty, they are obligated to ensure its population under conditions that will maintain its safety and ensure its safety.
There is no dispute that a basic condition for ensuring the safety of a minor at risk is to prevent the possibility of contact with at-risk adults, let alone minors with adult men.
Even worse are men with a criminal record and an awareness of violence against women.
This claim is consistent with Welfare Ministry rules to avoid populating men and women in the same building and establishing clear boundaries to be maintained by a team of instructors.
Not only were these rules grossly violated and minors lived in the same building with the men, but it was not at all clear whether there was supervision. On the separation of the populations and what was the nature of that supervision. Therefore, these and other questions are the ones that will be faced by the court when examining the cause of negligence. The
responsibility of the state was recognized a wide range of cases decided in the courts, for events under its control and responsibility. 12 (Mah-Hai) Paloni v. MI et al. (30.4.19) The State was charged with negligence for its liability for the handling of sinkholes and the fall into the sinkhole of a traveler in the Dead Sea area. This case is a representative example of a range of areas where the state is sued for damages. That the state wears a large number of hats each of which may indicate liability for damages.
The second question: Is the state liable for a breach of a statutory duty?
Adv. Hila Yad Shalom (Photo: Sharon Buchbinder)
Adv. Moshe Isaac (Photo: Yachz)
The Law for the Extension of Corona Hotel Insulation Regulations, which has since been repealed, lays down special provisions to ensure the safety of minors in Corona hotels.
For example, it was clarified that minors will not be alone in solitary confinement without parental guidance.
At a hearing held in the Knesset Constitution Committee on July 28, Adv. Gideon Meretz, Deputy Attorney General, addressed the security system, addressing the minors, noting that "to date we have not approved the entry of 16-year-olds and minors into hotels. Therefore, it would not be correct to establish an arrangement. "In a law that will allow the admission of minors to isolation hotels. Emergency regulations left the issue unregulated and it was resolved in the field, but we would prefer to anchor the issue in legislation. The admission of minors to hotels is a wrong and unhealthy thing."
From these words it is clear that the concern for the safety of minors in hotels was on the public agenda and was considered by the legislature with regard to legislation regarding corona hotels.
In the Law Special powers to deal with the new corona virus (Temporary Order), 5720-20, which repealed the regulations, Section 22E sets out the rules for on-site isolation on behalf of the state regarding minors.
The law stipulated that the isolation of a minor would be done only with the supervision of the person in charge or in a special arrangement agreed upon by the person in charge.
With regard to minors staying in an out-of-home setting, it was determined that "a minor staying in an out-of-home setting by virtue of a court order will stay in solitary confinement on behalf of the state accompanied by an apprentice with appropriate training as decided by the out-of-home setting." The state will be able to serve as an escort for one of the four minors, at most. "
In the same section, the legislature stated that "the principal may order conditions for the stay of a minor. Instead of isolation on behalf of the state, pay attention to the need to ensure his safety and well-being."
At this preliminary stage, before a commission of inquiry is set up, it is not known whether those rules have been violated, but in light of the existence of explicit legal provisions establishing clear procedures for the protection of minors, as part of a tort claim, the state / Ministry of Welfare will examine the procedures.
The writers are lawyers in the firm of Isaac Moshe, which deals with torts, malpractice and medical malpractice
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