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The sentence of two defendants for importing a rape drug to Israel has been aggravated
After the district court sentenced the two to community service, the Supreme Court justices accepted the prosecution's appeal and sentenced them to 20 and 16 months in prison.
Judge Elron: If it were not an appeal, it would have been appropriate to impose heavier punishments on them.
They were convicted of importing tens of liters of the rape drug GBL
Tags
Rape poison
imprisonment
Supreme Court
community service
Daniel Dolev
Friday, March 12, 2021, 10:06
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10 sentenced to 60 years in prison for indecent acts while using a rape drug (Photo: Yoav Itiel, edited by Nir Chen)
The Supreme Court aggravated yesterday (Thursday) the sentence of two defendants who imported tens of liters of GBL, also known as the "rape drug," into Israel.
While the Tel Aviv District Court sentenced the two to nine months of community service, the Supreme Court sentenced them to 16 and 20 months in prison.
Judge Yosef Elron argued that if it had not been for an appellate court, it would have been appropriate to impose even heavier sentences on them.
The judges decided to aggravate the sentence of defendant Jacob Frankfurter, who was convicted of importing the drug into the country, and sentenced him to 20 months in prison.
The second defendant - Menachem Ben Porat, who was convicted of carrying out drug deals inside Israel - was sentenced to 16 months in prison.
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GBL rape drug seized by police (Photo: Israel Police spokeswoman)
In the original verdict, Judge Mordechai Levy emphasized the difficult circumstances of the two's lives.
He also took into account the recommendation of the probation service, which favorably noted the rehabilitative procedure that the defendants began to undergo even during their trial, and believed that punishments should be imposed on them that would not include actual imprisonment but service work, so as not to impair the rehabilitation process.
The prosecution has appealed the sentence to the Supreme Court.
The appeal highlighted the huge amount of drug imported by the two - 73 liters, which could have been enough for 18,000 doses of drug.
The great financial gain and economic motive behind the commission of the offenses were also emphasized.
Although GBL is recognized as a rape drug, it is also used as a party drug, especially in the gay community.
In the appeal filed by the criminal department of the prosecution, they referred to this point, noting that "although the drug was not imported in order to be used as a 'rape drug', in fact its distribution the defendants lost control of what was done in it."
Rape drug seized at Ben Gurion Airport (Photo: Official website, Israel Police)
Justices Yosef Elron, Menachem Mazuz and Alex Stein accepted the prosecution's appeal yesterday.
"Rehabilitation considerations are not everything," Elron wrote, "and they are accompanied by other punitive considerations, including the principle of retaliation, considerations of deterrence and protection of public peace. "It is real that it will be used to commit sexual offenses, while drugging and anesthetizing the victims without them noticing in a way that will prevent them from remembering what happened."
"In these circumstances, a severe punishment is warranted against the respondents, which will include an element of actual imprisonment behind bars - despite the rehabilitative procedure worthy of all praise the two went through, which it is hoped will continue even within the prison walls," Elron wrote.
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