The Criminal Department of the State Attorney's Office filed an appeal this morning with the Supreme Court against the sentence of Yarin Scharf, who confessed and was convicted of raping a minor without her consent and sexual harassment, and was sentenced to 6 <>/<> years in prison, in a case dubbed "the rape in the Corona motel."
The State Prosecutor's Office believes that the punishment does not reflect the unique aggravating circumstances of the case, when, among other things, no consideration was given to the period in which the acts were committed, including the increased need to protect minors at a time when the state is dealing with a crisis of considerable magnitude, routine is undermined, and minors become "easy prey." In addition, the State Attorney's Office notes that insufficient weight was given to the exploitation of the minor's stay in a designated motel, in an unfamiliar location, alone and without protection, her young age and the age gap between the two, the pressure exerted on her for two days, and the violence and aggressiveness that accompanied Scharf's actions towards the minor along the way.
As you may recall, the acts were carried out at a time when the country was dealing with a global pandemic. The Ministry of Social Affairs and Social Services established a designated motel to which boys and girls were referred, as well as young men and women living in out-of-home frameworks, who were confirmed to have COVID-19 and required quarantine.
Demonstration against the phenomenon of sexual violence, photo: Roni Shaitzer
He exerted pressure and blatant violence on the minor
At the motel, Scharf, then 21.5 years old, met the complainant – a 13-year-old minor who had been removed from her home not long before to an out-of-home framework to protect her. That same day, in the evening, after searching for her Instagram profile, Scharf contacted the minor, and for several days exerted pressure on the minor to allow him to reach her room. The minor repeatedly refused his offers, and even pointed out to him the age gap between them.
A guide who saw the two talking even demanded that the conversation between them be stopped, but Scharf did not stop contacting the minor and even appeared at the entrance to her room twice. For the first time, he tried to force himself on her, stripping her pants despite her objections. Scharf asked her to perform oral sex on him and when she refused, he slapped her. The minor was angry and Scharf left her room, but returned later. When he returned, the two talked but not long after, he forced himself on her again, grabbing her throat, inserting fingers into her penis and then inserting his penis into her despite her objections. At this point, one of the guides knocked on the door of the room, who entered and found Scharf hiding in the bathroom.
A much higher punishment threshold is required. The State Prosecutor's Office, Photo: Oren Ben Hakon
After hearing the evidence in the case, Scharf admitted the facts of the indictment and was convicted of rape of a minor without her consent and sexual harassment, and sentenced to 6.5 years in prison.
The reasons for the appeal, filed by the Director of the Criminal Department of the State Attorney's Office, Adv. Rachel Matar, and Adv. Vered Halawa of the Criminal Department, argued that this is a unique case characterized by a number of aggravating circumstances that require the determination of a significantly higher punishment area than the one determined.
Punishment threshold is too low and too lenient
"First and foremost," notes the State Prosecutor's Office, "the incident should not be disconnected from the period in which it took place – in the midst of a global pandemic that was characterized by undermining the general sense of security, anxieties and uncertainty about what was to come. In a crisis situation that impairs the ability to maintain a clear and safe routine, minors are fertile ground for exploitation. Parental supervision is weakening, educational frameworks are closed, and the welfare system is entirely harnessed to national missions. The need to protect minors in times of crisis is intensified, and this must be reflected in strict and deterrent punishment.
"In addition, Scharf's conduct was accompanied by violence and aggression throughout, and after the use of a violent force pressure press for two days, despite the age and power gap between them, and ignoring the warnings of the staff at the scene. Scharf did not let go of the minor, threw into the air the threat that she would be "Eilat 2" (referring to the rape affair in Eilat), told her that he was not used to being refused and even slapped her when she refused to perform a sexual act on him at his request. Later he grabbed her throat and, despite her objections, held her."
The State Attorney's Office believes that due weight is not given to the young age of the minor, the age gap between them, the blatant exploitation of her situation and isolation, the coercion and violence that accompanied the acts, the continuation and severity of the acts, as well as the damage caused by the harm that is evident in all aspects of the minor's life, which will require a long period of time and a large investment of resources in order to recover. The State Attorney's Office also asks for attention to the timing of the attack and to the need for a clear and deterrent message. All these constitute aggravating circumstances that must be taken into account when sentencing Scharf.
"Therefore," the appeal states, "a punishment compound that begins with 6 years in prison is inconsistent with the offenses attributed to Sharaf and the circumstances of their commission – and expresses a lenient approach that has no place in the circumstances described. In light of the above, the State Attorney's Office believes that the backlog of circumstances justifies setting a much higher compound and imposing appropriate and deterrent punishment, both against the defendant and as a message to the public, and therefore asks the court to significantly increase Scharf's sentence."
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