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New criminal code means women can be charged with rape
By Ruth Sinai
Tags: sex crimes, Israel, rape

Women may soon be able to be charged with rape. Last Sunday the Ministerial Committee on Legislation approved a change to the criminal code, which would allow women to be charged with the rape of minors or adults.

The proposed law, introduced by MK Zevulun Orlev (National Union - National Religious Party), would broaden the definition of rape, statutory rape, and sex crimes involving family members. According to Orlev's amendments, these crimes would also apply to cases where a woman forces a minor to have sex with her.

Similar bills were introduced in the two previous Knessets but the Justice Ministry has objected to such changes until now, and the bills were never enacted.
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Orlev submitted his bill two years ago, in the wake of a case where a female teacher had forced a male student to have sex with her. But the Justice Ministry objected to the bill at the time. "The present situation is distorted," Orlev explained.

It seems as though the ministry changed course upon learning of the case in Netivot, where a mother forced two of her sons, aged 8 and 11, to have intercourse with her. Even though the woman confessed to the accusations, the prosecution's indictment was based on indecent acts and child abuse, since no more serious criminal charges were available.

The maximum sentence for rape is 16 years; it can reach up to 20 years if there are aggravated circumstances. The maximum sentence for indecent acts is only seven years.

According to the proposed law, the status of a female rapist is tantamount to that of a male rapist.

After the April indictment in the Netivot case, Dr. Yitzhak Kadman, the executive director of the National Council for the Child, announced that if the Justice Ministry persisted in its refusal to support the law, the council would act to have the Knesset pass it anyway.

While Orlev's original bill only included the addition of acts carried out by women against minors, the ministerial committee asked that it should be expanded to include the rape of an adult male by a woman, too. The Justice Ministry has said that if Orlev has no objection, the cabinet will support the addition.

The proposed law also determines that a woman who forces a family member to have sex with her is committing a sex crime within the family.

The bill is set to be brought for a preliminary vote in the Knesset as soon as possible.
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