Filing a Police Report After a Sexual Assault
Sexual assault is defined as an act committed without free consent, taking advantage of a state of vulnerability, lack of understanding or inability to express consent. It is a serious criminal offense that violates the person's body, dignity and freedom.
If you have experienced such an offense, filing a complaint can be a significant step towards exercising your rights, preventing further incidents and helping to bring those responsible to justice. Israeli law emphasizes the protection of victims of sexual offenses and offers legal tools and professional support to assist you in the process.
Before filing the complaint
Filing a complaint can be accompanied by complex feelings and hesitations. You do not have to go through the process alone – there are professionals who can help you with information, support, and guidance, depending on your personal needs:
- Making the right decision for you: The decision whether to file a complaint can be complex, because it involves emotional, legal, and personal aspects. Filing a complaint does not require you to become involved in the legal process, but it may strengthen your sense of justice and prevent further harm. It is recommended that you consider the implications, share your concerns with loved ones, and seek professional advice to help you make an informed decision.
- Support and guidance along the way: If you want to receive professional support in filing a complaint, the assistance centers for victims of sexual assault can provide you with a listening ear, professional advice, and guidance throughout the process. You can contact them at any stage.
- The importance of documentation and preserving evidence: If you are able to, you should try to document all the details related to the incident, such as time, place, and circumstances. Preserving evidence such as clothing, text messages, or photos can be extremely significant in supporting the investigation process. This action may increase the chances of the investigation being successful and strengthen the legal case, but any decision on the matter is subject to your personal judgment and sense of security.
Process of filing a police complaint
The statute of limitations for sexual offenses
The statute of limitations is the length of time within which a complaint can be filed and a suspect can be prosecuted for a criminal offense. This period varies depending on the severity of the offense and the circumstances of the case. While some very serious offenses have no time limit, others are subject to a statute of limitations that changes according to the circumstances.
Sex offenses against a minor: The law recognizes that it can take time to process the experience and cope with the harm. Therefore, in cases where a sex offense occurred at a young age, the statute of limitations only begins at age 18. This means that even if the harm happened during childhood or adolescence, a complaint can still be filed at least until age 28.
Sex offenses within a family setting or dependent relationships: When the offense took place within a family setting or in circumstances involving dominance, dependence, or significant influence of the offender over the victim, the statute of limitations is extended. In this case, a complaint can be filed until age 38, in recognition of the fact that it may take longer to report and address the consequences.
Sex offenses against adults: The statute of limitations for adult sex offenses varies according to the severity of the offense:
- Sex offenses punishable by up to 7 years in prison – 10-year statute of limitations.
- Serious sex offenses punishable by more than 7 years in prison (such as rape or forced sodomy) – 15-year statute of limitations.
- Sex offenses under particularly aggravating circumstances – 20-year statute of limitations.
- Severe sex offenses with no statute of limitations – the law specifies that some offenses have no time limit, meaning the offender can be prosecuted at any time. These include:
- Rape, sodomy, and indecent acts against minors under the age of 14.
- Severe sex offenses that resulted in murder.
Extension of the statute of limitations in special cases
The law allows for extensions of the statute of limitations under certain circumstances:
- When the abuse continued over an extended period of time.
- When the offender prevented the victim from reporting in various ways.
- When the victim was in a psychological, medical, or social condition that prevented timely reporting.
- When the offender was outside Israel – the statute of limitations is suspended until their return.
If you have questions about the statute of limitations in your situation or about your options, it is important to seek professional legal advice. There are legal organizations that provide free advice and support to victims of sexual assault, helping you exercise your rights and understand the possible steps.
For more information, you can write to SiyuaVictims@justice.gov.il, or contact the sexual assault assistance hotlines at *1202 (for women) or *1203 (for men).
The investigation process
An investigation begins with taking a detailed statement from you, which will serve as the basis for examining the suspicions. Police investigators may then collect additional evidence, such as witness testimonies, physical or digital documentation, and any other relevant information. The process is carried out with full respect for your rights and with sensitivity and empathy.
Your rights during the investigation
- Respectful treatment: You have the right to humane, respectful, patient, and emotionally sensitive treatment from law enforcement officials throughout the investigation.
- Information about case progress: You are entitled to receive regular and detailed updates on the status of your case and the course of the investigation. You can contact investigators to ask questions, request explanations, and stay informed. This ensures transparency and supports your involvement in the process.
- Legal assistance: In many cases, you may be eligible for free legal advice or representation from different organizations. For example, if an indictment is filed, you may receive support from the Legal Aid Department of the Ministry of Justice. This service is designed to provide professional legal assistance throughout the process, helping you understand your rights and options. Reaching out to the department or other legal aid organizations can ease the legal aspects of your case.
Next steps after the investigation
After the investigation concludes, there are several possible outcomes:
- Transferring the case to the prosecution: Once the evidence is reviewed, the case is handed to the State Prosecutor’s Office, where it will be evaluated to decide whether to file charges against the suspect.
- Case closure: In some cases, law enforcement may decide to close the case, usually due to insufficient evidence or other circumstances. This decision may be difficult and raise questions or strong feelings. You have the right to file an appeal and request a review of the decision.
Your rights in legal proceedings
If an indictment is filed, the case proceeds to court. At this stage, you have several important rights:
- Access to information and updates: You are entitled to be informed about key stages of the process, including the filing of charges, changes in the charges, possible plea agreements, and the trial outcome.
- Expressing your position: In some situations, you may have the opportunity to share your views with the court, especially regarding plea agreements or sentencing.
- Legal assistance and support: Victims of severe sexual offenses are entitled to free legal aid from the state, regardless of financial situation. This support includes:
- Legal advice and representation throughout the proceedings – state-appointed attorneys can represent you in criminal, civil, or administrative processes and help protect your rights.
- Representation in appeals against case closure decisions.
- Guidance and referrals to additional support services.
You can contact the Legal Aid Department via email at SiyuaVictims@justice.gov.il or by phone, as listed on the Ministry of Justice website.
Support from the Prosecutor’s Office
In each district of the State Prosecutor’s Office, there is a prosecutor responsible for supporting victims of crime. Their role is to provide updates on the progress of the criminal process and help ensure your rights are protected. They also work in coordination with other support services to assist you in navigating the legal process.
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Additional support throughout the process
In addition to legal aid, you can receive emotional support and guidance from sexual assault crisis centers. These centers provide information, counseling, and emotional support throughout the criminal process, including accompaniment during testimony and referrals to additional services if needed.
Parental rights
As a parent, you have the right to receive information about the investigation and to accompany your child as needed. If your presence may interfere with the investigation, it may be conducted without you, but investigators will update you at every stage and ensure your child’s best interests are protected. In some cases, welfare professionals or psychologists may be involved to safeguard the child’s emotional well-being throughout the process.
Finally, it is important to remember that sexual assault is a difficult and traumatic experience, but reporting and filing a complaint are important steps in exercising your rights and helping protect others. Many professional organizations are ready to stand by your side and support you at every stage of the process.