Legal Analysis /The worst of crimes

The charges against Moshe Katsav are grave. The decision of Attorney General Menachem Mazuz, backed by the state prosecutor, to charge the former president for sexual offenses, including rape and indecent acts by force, will probably take the form of an indictment filed at the Jerusalem District Court. A panel of three judges will deliberate the charges.

On the scale of severity of sexual offenses, the criminal law sets rape and indecent acts by force at the top of the list, and these are the ones that will be brought against Katsav. Maximum penalty for rape is 16 years' imprisonment. A conviction requires proof that there was full sexual intercourse without agreement. Criminal law states that "a person who has sexual intercourse with a woman without her full consent ... is a rapist."

According to a ruling by the Supreme Court, the absence of an active expression of opposition to the act in question is not enough to discount the fact that a crime was committed. Therefore, the woman claiming to have been raped does not need to bring proof of actively expressing a lack of desire to have sex. The question over whether there was agreement on her part is answered on the basis of the circumstances. Furthermore, passive behavior can also be considered lack of consent.

The crime of committing an indecent act by force, which carries a maximum sentence of seven years' imprisonment, involves "an act for the purpose of sexual stimulation, satisfaction or humiliation." A Supreme Court ruling has determined that an indecent act is determined "on the basis of what society views as indecent," or is an act that involves "sexuality that by the standards of average persons can be considered indecent, immoral or immodest." Such an act constitutes a crime inasmuch as it contravenes both criminal law and the law against sexual harassment.

The court's ruling also states that under certain circumstances, even an act that appears to be innocent may be construed as a violation if the context in which it was carried out discounts its innocent nature.

In the statement issued by the Ministry of Justice yesterday it was clarified by the prosecution that there is "evidence that supports the filing of an indictment," and that the decision was made on the basis of whether "there is reasonable chance for a conviction."