Prohibition on sexual violence against children – Penal Law 1977

COUNTRY:

Israel

DOCUMENT TYPE:

Legislation

YEAR ADOPTED:

1977

Description

The Israeli Penal Law provides comprehensive protection against sexual violence, with specific provisions related to age and consent. Sexual acts with children under 14 are considered statutory rape, regardless of consent. For minors aged 14 to 16, consent may reduce the sentence but the act remains illegal. Over the age of 16, sexual acts are illegal without consent or when exploitation occurs. These rules also apply to acts of obscenity.

During armed conflicts, these prohibitions continue to apply, ensuring that children are protected even in such extreme circumstances. Although punishments may differ in war situations, all acts of sexual violence remain criminal offenses under Israeli law.

In cases of sexual violence against children, the statute of limitations under Israeli law is set at 10 years. However, this period begins only when the victim turns 18, allowing legal action to be initiated until the victim reaches 28. This extended timeframe ensures that survivors of childhood sexual violence have the opportunity to seek justice as adults.

In 2023, the Knesset amended the Counter-Terrorism Law to include sexual offenses within the definition of terrorism-related crimes if they occur as part of an act of terrorism. This amendment doubles the maximum penalty for such offenses. Given that many conflicts involving Israel are against entities that Israel has designated as terrorist organizations, such as Hamas and Hezbollah, sexual offenses committed in contexts with such actors would fall under the jurisdiction of the Counter-Terrorism Law.

Under the Military Justice Law, the relevant provisions on sexual violence from the Israeli Penal Law apply to military personnel, meaning such acts are also prohibited when committed by members of the Israeli Defense Forces.