Strong reactions were heard on social media on Monday following the Nazareth District Court's decision this morning to acquit Adel Haib, a northern resident accused of raping an 82-year-old Holocaust survivor, on the grounds that "it has not been proven that the complainant repeatedly said 'no, no.'"
The Holocaust survivor responded to the acquittal of the accused of her rape: "I live alone, if he is free, my life is in danger. I'm afraid he'll break free and kill me, I'm anxious." It should be noted that the panel of judges that made the acquittal decision is the same panel that ruled to hold a retrial for Roman Zadorov.
In a harsh letter sent by B'Tselem Executive Director Shai Glick to the State Prosecutor and the President of the Supreme Court, it said: "The famous song 'When you say no, what do you mean?' has already been changed, but it seems that the justices of the court are less familiar with the change.
"The song was changed after the brutal rape of the guard in which the judges initially acquitted the rapists and only later were they convicted. She recently passed away after a long life of grief, raped from Kibbutz Shomrat. That didn't cause the three judges in the district court to rule that an Arab who had already raped 14 women, including a 70-year-old woman, had been in prison for 14 years and was supervised to meet an 82-year-old woman, compliment her, tell her he was a handyman and help her, and then bruise and rape her just as he did to a 70-year-old colleague.
Adel Haib, acquitted of rape of an elderly Holocaust survivor, photo: IPS
And after all that, the judges acquitted him because she didn't say no. I read that at first the rape victim was afraid to file a complaint with the police, now I understand why - she knew that justice would not come in Israel. And now the same rapist can come tomorrow and renovate her house. This time she sure won't dare say no and again he will be acquitted. Where did we go? I demand that you first immediately announce the filing of an appeal and announce that the same panel of judges cannot hear sex crimes cases until they undergo an urgent workshop."
Shai Glick, B'Tselem's executive director, said: "The Holocaust survivor, who went through so much, not only was she raped, but the justice system that was supposed to be by her side in her most difficult hour chose to be alongside a convicted and cruel sex offender who not only raped her but also brutally sabotaged her.
"Every reasonable person understands that there are no equal forces here, and there is no doubt that this woman did not want this relationship to take place.
We immediately demand that the State Attorney announce the filing of an urgent appeal and the suspension of those judges from hearing these cases."
Hadas Danieli Yellin, Executive Director of the Women's Lobby, reacts to the Nazareth District Court's decision to acquit the man accused of raping an 82-year-old Holocaust survivor: "We are shocked by the court's decision to acquit the man who violently raped an 82-year-old Holocaust survivor. Just a few weeks ago, we said goodbye to Yael Grimberg, who was subjected to severe torture by the courts until justice was done, and until it was understood that the responsibility is on the perpetrator to ensure consent, not on the victim to resist.
"If there's a reform that needs to be done, it's in how rape cases are handled."
"So many years have passed, and we still seem to have learned nothing from the case. The judges' decision in the Nazareth District Court indicates that there is still a long way to go in the fight against sexual violence, and if there is a reform that needs to be done in the justice system, it is a serious reform in the way the courts deal with rape and sexual violence cases.
"This is a failure of many systems that need to be held accountable. It is inconceivable that a man who was previously convicted of raping another woman, and is under IPS supervision, succeeds in harming another woman. We want to strengthen the woman who is currently going through another trauma with this delusional and difficult decision by the court. We call on the State Prosecutor's Office to appeal to the Supreme Court until justice is done."
"Require appeal"
Naamat Chairperson Hagit Pe'er responded to the acquittal of the sex offender suspected of raping a Holocaust survivor: "We demand that the State Prosecutor's Office appeal the decision – instead of the victim feeling safe in her home, she is the one who has to shut herself in fear for her life – a delusional reality.
"This decision takes us back years – when a woman has to prove she said no when she was allegedly sexually assaulted by a known sex offender. We demand that the State Attorney's Office appeal this decision. Instead of the victim feeling safe in her home, she is the one who has to shut herself in fear for her life – a delusional reality."
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