Leifer defense claims alleged sex acts were consensual

State prosecutors decry ‘cynicism’ of defense’s use of concept of consent, saying Leifer manipulated her victims and used her influence and power.

By JEREMY SHARON
Malka Leifer at court via video call. (photo credit: JEREMY SHARON)
Malka Leifer at court via video call.
(photo credit: JEREMY SHARON)
Nine years after Australia issued an extradition request against  Malka Leifer, a former principal at the ultra-Orthodox Adas Israel school in Melbourne wanted on 74 counts of sexual abuse and rape, extradition proceedings finally began on Monday in the Jerusalem District Court.
During the hearing, Leifer’s defense team claimed that the sex acts she is accused of committing with her pupils were consensual, and that even though her alleged victims were under the age of consent, prosecutors in Israel would not make charges on such allegations and therefore extradition should not be considered.
Leifer’s attorneys also argued that Israel’s extradition treaty with Australia does specifically detail the acts Leifer allegedly committed and that she cannot be extradited for them.
They also argued that due to Leifer’s notoriety and the widespread negative publicity her case has garnered, she will not be able to gain a fair trial in Australia, especially since that country uses a jury system in criminal trials.
And her defense team also sought to claim that it would be impossible for Leifer to maintain her ultra-Orthodox lifestyle in Australian prisons and that this should preclude her extradition.
“In my eyes, it is simply unreasonable that they [Leifer’s alleged victims] did not know what those sexual acts were, and that they were not able to refuse,” alleged attorney Nick Kaufman for the defense.
He said that one of Leifer’s alleged victims had stated that she sought to resist her abuse, but that the two other complainants had not.
As supposed evidence of the victim’s consent, Kaufman quoted from testimony given by the witnesses in which she stated that “I was afraid to say no, she had a powerful personality, if I don’t do what she wants she would have become angry with me.”
Kaufman sought to claim that the victim’s fear was “subjective” and not due to any threat, instruction or abuse by Leifer.
State prosecutor Matan Akiva rejected these arguments, however, saying that the issue of consent or lack of consent was irrelevant to extradition since the alleged victims are under the age of consent.
Since sexual acts by an adult with an individual under the age of consent is illegal both in Israel and Australia, there should be every reason to extradite Leifer even if the acts were consensual.
Akiva also rejected the defense’s claims that there had been no element of exploitation or abuse of power by Leifer, citing Leifer’s alleged psychological manipulation and grooming of her victims, three sisters who grew up in an abusive household and whose severe and austere ultra-Orthodox upbringing meant they were largely ignorant of sexual behavior and norms.
The state attorney said that Leifer used this reality to “entice” the girls into forming a trusting relationship with her, citing an example when Leifer allegedly told one of the victims to come home with her in case she was beaten by her parents.
Akiva noted that one of the alleged victims stated in her testimony that Leifer had told her once that if she told anyone about what Leifer was doing she would herself tell the community, and said that “this is the consent” under discussion.
“Leifer was their teacher, she performed indecent acts on them while knowing the power she had within the community. There was complete disinterest [by Leifer] over the issue of consent regarding her pupils,” concluded the state prosecutor.
“I don’t know to what further level of cynicism it is possible to drag the concept of consent,” he said.


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