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Legal precedent: A female soldier sued the IDF as an employer for compensation for sexual harassment
The female soldier was sexually assaulted by her commander during her military service, but after she asked to complain, the IDF covered up the affair. She subsequently filed a tort claim against the army demanding compensation without proof of damage. "Allow the filing of the claim
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IDF
Sexual harassment
Yael Friedson
Monday, 05 July 2021, 12:41 Updated: 12:42
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The Tel Aviv District Court recently ruled precedential ruling that male and female soldiers can sue the IDF as an employer violated his obligations to investigate complaints of sexual harassment as the law requires sexual harassment.
The verdict is determined following a suit filed by a soldier she claims sexually assaulted by Sgt Department According to the indictment, filed by attorney Roni Aloni-Sedovnik, the complainant served as an observer and in the ICT department, and suffered from domestic violence in the past, and the sergeant, who was her best friend, took her under her wing.
Despite the close connection between the two, the sergeant did not tell the complainant that she was attracted to women.
After the two went out for a joint outing, where they got drunk, they went back to sleep at the sergeant's house, where she sexually assaulted the complainant, while she objected to the acts.
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Soldiers will be able to sue the IDF (Photo: Reuven Castro)
After the case, the complainant turned to a commissioner on behalf of the Yohalan in the unit, but according to her, she did not help her file a complaint to the MPC, but persuaded her not to complain. The complainant turned to other commanders in the unit, but they also did not help her - and instructed her to file a complaint herself to the MPC. A week later, the unit asked to transfer the complainant to another unit, but even there, the superintendent disregarded her and did not handle her application.
Following the incident and the poor treatment of the IDF commanders, the complainant suffered mental damage, pain and mental anguish, and she filed a tort claim. , In view of the creation of a single mechanism for providing benefits to IDF disabled people.
Advocate Aloni-Sedovnik, on the other hand, argued that the complainant did not file a claim for a disability caused to her - in such a situation she would have appealed to the IDF Disability Compensation Committee - but she is suing for sexual harassment she suffered, a statutory harassment.
"Why should I file a disability claim with the medical committee knowing that there is no disability? Is there not enough burden on the Ministry of Defense? Does the state expect me to claim a disability knowingly that a female soldier has no disability?" Aloni-Sedovnik wondered.
Accepted the position of the complainant.
Tel Aviv Magistrate's Court (Photo: Reuven Castro)
The Magistrate's Court accepted the complainant's position, stating that there are ideological, social, legal and moral justifications for allowing the filing of lawsuits against the IDF regarding sexual harassment damages committed by soldiers by their commanders in the course of their military service. "The IDF, by virtue of its obligations corresponding to the obligations of an employer, will undermine the purpose of the enactment of the Law for the Prevention of Sexual Harassment," he ruled.
The state did not give up and appealed to the Tel Aviv District Court, which dismissed the appeal and ruled in favor of the complainant NIS 5,000 in legal costs.
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To the full article
The soldier said in response that "I am glad that at least something good has come out of all the soldiers from the sexual assault I went through from my commander and in the future the army will make sure to investigate complaints of sexual harassment in a professional way and not as they did to me."
Advocate Aloni-Sedovnik said that "Attempts by the State Attorney's Office to have our lawsuit dismissed were unsuccessful. We succeeded in the important struggle of seeing the military as an 'employer' liable for damages in case he does not fulfill his legal obligations to investigate sexual harassment." We congratulate the District Court for backing the Magistrate's Court in its clear determination that "the IDF has an employer obligation under the Prevention of Sexual Harassment Law."
The Tel Aviv State Attorney's Office stated that "the plaintiff filed a lawsuit under the Sexual Harassment Act and demanded monetary compensation from the state, referring to a medical opinion alleging that she was caused a medical disability due to an incident that occurred during her military service. After the application was filed, the plaintiff clarified that she was claiming only compensation under the law and not compensation for medical damage, and therefore the court ruled that the claim should be heard in its entirety. The ruling is not precedent-based, and it relies on judgments. Given several years ago in the Supreme Court. "
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