Subscribe to Print Edition | Thu., February 28, 2008 Adar1 22, 5768 | | Israel Time: 02:18 (EST+7) web haaretz.com   Back to Homepage Rosner's Domain Diplomacy Defense Jewish World Opinion National Print Edition Advertising Books Arts & Leisure Business Real Estate Easy Start Travel Week's End Anglo File

Public outrage / The court itself is guilty By Ruth Sinai Tags: president, Moshe Katsav, Rape Only someone who has had to face a perfect stranger in the form of a police officer and recount over and over again the story of her or his sexual assault can understand what it feels like to be a victim. The feelings of shame, aversion, guilt and repulsion can only be understood by someone who has had to answer such questions as: "Where were your underpants? Did you resist? Did you scream? Did he touch your genitals? Did he penetrate? Did he ejaculate?" This is the ordeal the complainant known as A. from the Tourism Ministry was put through, when she told police about the two alleged instances of rape she accuses former president Moshe Katsav of perpetrating when she worked for him at the ministry. Advertisement She described to the detectives how he fondled her breasts. She recounted what he said in late-night conversations when he telephoned her at home and how he would stroke her legs. But she had difficulty answering the detectives when they asked her if she had ever seen or felt Katsav climaxing. She didn't quite recall what words he used or where he put his hands at the time. And there are the evidential difficulties that guided Attorney General Menachem Mazuz in accepting the plea bargain proposed by Katsav's attorneys. In the state's reply to the petitions against the deal, it is said that the evidence in the case would make it difficult to prove beyond reasonable doubt that Katsav used force against A. and therefore Katsav could not be prosecuted for rape. And so all that remained of A.'s serious allegations were fondling, attempts to kiss her on the lips and the caressing of her legs. Small wonder the deal is the focus of such public outrage. Mazuz claims the indictment which he intends to submit tomorrow is serious enough, as it holds Katsav guilty of sexual harassment and performing indecent acts. But this will not serve to dissipate the feeling that he and his office caved in to pressure from Katsav's lawyers, and preferred them to the good of the complainants and the public interest of sending a strong message to sex offenders and to those who use their clout to perform such offenses. After releasing a draft indictment containing the word "rape," anything less than that will pale in comparison and give rise to suspicions of a cover-up. It is hard to fathom why Mazuz, having admitted that he has enough evidence to strike a plea bargain, refrains from presenting the evidence in a court of law - as the public interest so clearly dictates. The justices were mistaken in clinging to the almost technical excuse of not having sufficient grounds to intervene in the attorney general's decision. Their ruling compromises the public interest. The result has been that Katsav received a sensationalist trial in the media, instead of a criminal trial conducted by professionals, and assisted by attorneys and defense lawyers looking into the sworn testimonies of witnesses. In the framework of the plea bargain, Katsav has agreed to confess to deeds which he says he never perpetrated. For the time being, it seems the truth will not be revealed and justice will not be seen or heard. All that will remain of this affair is a further erosion in the standing of victims of sexual assault, who will be left to reflect on the tailoring of Katsav's plea bargain when they deliberate on whether to complain against the person who has assaulted them. Bookmark to del.icio.us   It's a killer B'Tselem slams IDF decision not to indict troops over errant strike that left 21 civilians dead. Reaching boiling point Gaza residents are told to boil drinking water as purifying chlorine runs out.

Today Online Israeli killed in massive Qassam barrage on Negev Responses: 182 Amira Hass: For Palestinians, an unarmed struggle would be suicide Responses: 136 Shmuel Rosner: Can Obama restore the Black-Jewish alliance? Responses: 101 Poll: Most Israelis back direct talks with Hamas on Shalit Responses: 89 Jewish groups mull UN racism meet after Israel decides to skip Responses: 121 More Headlines 02:00 Israel vows unprecedented response to deadly Qassam barrage 22:19 Rice heads to Israel next week amid Gaza violence 20:26 PM: Iran nukes not inevitable; Russia: We may back sanctions 01:24 Another blast in S. Lebanon likely caused by cluster bomb 19:53 Gazans told to boil drinking water as chlorine supply down due to blockade 21:48 Visiting Lithuanian FM gets harsh letter from Yad Vashem 20:12 Olmert: No one in Hamas will be immune against war we wage 17:37 Rights group slams IDF probe into deadly Beit Hanun shelling 20:46 Shas MK Benizri's aide opens envelope filled with white powder 17:57 Report: Top Iran cleric slams Ahmadinejad's 'coarse' attacks on Israel 20:42 Women's groups protest court approval of Katsav plea bargain Previous Editions Select Day 27 feb 26 feb 25 feb 24 feb 22 feb 21 feb 20 feb 19 feb 18 feb 17 feb 15 feb 14 feb

Special Offers Advertisement Free the Palestinians from: Corrupt Kleptocracy, Tyrannical Theocracy, Abysmal Anarchy Long-term Israel programs MASA is your gateway. More programs. More grants. 7589 rockets fired so far HELP US TO HELP THEM Marina Royale Herzelia Pituach Your Luxurious Suite While Staying in Israel Fattal Hotel Chain Perfectly located hotels on best resorts of Israel. ISRAEL BONDS Build Israel Israel bonds - a multi-purpose way to celebrate Israel's 60th Dead Sea Salt Beauty and skin care from the Dead Sea. Coupon code HAARETZ for 10% off! Eldan Rent a Car Israel's leading car rental company offers you a 20% discount on all online reservations Junkyard Junk a car - get free towing nationwide and a tax-deductible receipt

Home | TV | Print Edition | Diplomacy | Opinion | Arts & Leisure | Sports | Jewish World | Underground | Site rules |

Haaretz.com, the online edition of Haaretz Newspaper in Israel, offers real-time breaking news, opinions and analysis from Israel and the Middle East. Haaretz.com provides extensive and in-depth coverage of Israel, the Jewish World and the Middle East, including defense, diplomacy, the Arab-Israeli conflict, the peace process, Israeli politics, Jerusalem affairs, international relations, Iran, Iraq, Syria, Lebanon, the Palestinian Authority, the West Bank and the Gaza Strip, the Israeli business world and Jewish life in Israel and the Diaspora.

© Copyright  Haaretz. All rights reserved