What do we know about the Eilat rape case, and what can we expect?

The maximum sentence for rape for an adult is 20 years, but courts often give sentences below the maximum for a variety of crimes.

By YONAH JEREMY BOB
Israelis take part in a demonstration in support of the 16 year old victim of a gang rape in Eilat a few days ago, in Tel Aviv. August 22, 2020 (photo credit: TOMER NEUBERG/FLASH90)
Israelis take part in a demonstration in support of the 16 year old victim of a gang rape in Eilat a few days ago, in Tel Aviv. August 22, 2020
(photo credit: TOMER NEUBERG/FLASH90)
The whirlwind of facts and suspects in the Eilat rape case has left many lost in understanding where things stand and what is next.
While the dust has not yet settled, it seems that the focus in the case has shifted from around 30 suspects to slightly under 20, and now down to 11 who are expected to be indicted.
Of the 11, leaks indicate that five will be indicted for rape as early as this weekend.
There are only leaks and even fewer concrete details – let alone names at this point, because three of those expected to be indicted for rape are minors – so there is a gag order on much of the case.
From the leaks, it appears that two of the three minors are 17-year-old twins and the third minor was initially released and then rearrested. The circumstances of his release and re-arrest are still a mystery.
Two others of those expected to be indicted are 27 years old.
The other six suspects who might be indicted could be indicted for a range of more minor crimes, such as actively facilitating the crime or failure to prevent it.
If indicted, these six will likely be charged at a later date than the five at the center of the probe.
From these four groups – adults accused of rape, minors accused of rape, adults accused of minor crimes and minors accused of minor crimes – there will likely be four corresponding categories of sentences if they are convicted.
The maximum sentence for an adult for rape is 20 years, but courts often give sentences below the maximum for a variety of crimes.
Raping a minor would tend to make a court lean toward the maximum sentence, especially a gang-style rape which captured headlines and has drawn national outcries, in order to send a clear, zero-tolerance message.
Minors who rape a minor in general would be treated with greater leniency, but not necessarily in these circumstances – especially 17-year-old minors who are close to the age of being treated legally as a grown up.
Although the Ashkelon Magistrate’s Court wanted to let the two 17-year-old minors go to house arrest pending their indictment because they have no prior criminal record, the police have appealed this.
Furthermore, the later trial judge who decides sentencing may take a more severe view.
Those suspects eventually indicted for failure to prevent a felony face a maximum of only two years in prison.
Indictments for failure to prevent a crime are rare in Israel – and don't even exist in some countries, where an affirmative criminal act is required.
There is a strong chance that these suspects will get less than two years, and may even escape jail time altogether in favor of community service.
Some of these six are also minors, which may get them even greater leniency.
Their fate depends on whether the eventual trial court believes the main message will be sent by treating the rapists harshly or whether those who did not stop the crime must also be treated more harshly than usual.


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