Israel Sees Surge in Date Rape Drug Assaults Amid Low Conviction Rates

A report reveals a decade-long peak in date rape drug assaults in Israel, alongside soaring case closures due to evidential challenges and trauma. Experts call for specialized courts.

YnetAuthor: Shira Kadri-Ovadia
Source
Israel Sees Surge in Date Rape Drug Assaults Amid Low Conviction Rates
Photo: Ynet / "סגירת התיק היא שברון לב גדול". שי לי עטרי(צילום: שאול גולן)

A recent report by the Association of Rape Crisis Centers in Israel highlights a decade-long peak in complaints regarding sexual assaults involving date rape drugs and sedatives, totaling over 300 incidents annually. However, this figure masks a stark gap: while reports surge, only a minority lead to police complaints, and an even smaller fraction result in indictments. Convictions for sexual assault involving date rape drugs are exceedingly rare.

"To date, only two individuals have been convicted in Israel for using date rape drugs," says Adv. Hila Neurich from the Association of Rape Crisis Centers. This statement comes in the wake of the State Attorney's Office decision to close the case against musician Yuval Vilner, who was suspected of raping Shai-Li Atari and Naama Shahar. Atari stated that she believes a date rape drug was involved in the incident she reported to the police.

The Nature of the Drug and the Legal Gap

According to Adv. Hila Neurich, the scarcity of indictments stems primarily from the nature of the drug and the assault it inflicts. "The victims remember nothing and wake up after the assault has ended," she explains. "They can later recount waking up bleeding or vomiting. Their bodies remember, but they cannot describe what he did or how, because the drug did its job."

The fact that Shai-Li Atari and Naama Shahar decided to file a complaint in Yuval Vilner's case constitutes an "heroic struggle, each in her own way," Neurich says. "They know what they went through, they know what their bodies experienced. They were brave enough to file a complaint and tell the world what happened to them." Closing the case is "a major heartbreak," Neurich adds, noting that a bright spot was the overwhelming public support the two received, expressed through a "Facebook protest" where numerous individuals published Yuval Vilner's name despite a then-active gag order.

"In a way, in this case, the public expressed a lack of trust in the legal system. The public 'voted with its keyboard' by exposing the name," Neurich notes.

Systemic Failures in Sexual Offense Cases

The difficulty in coherently describing facts in cases involving date rape drugs is just one challenge faced by sexual assault survivors. "There is a huge gap between the language of sexual assault and the language of the law," Neurich says. "These are two separate languages, and very often they do not meet." Consequently, about 80% of sexual offense cases are closed before an indictment is filed, most commonly due to a lack of evidence.

"This means the current legal system does not know how to handle sexual offense cases," Neurich asserts. When a case is closed due to lack of evidence, it does not mean the events did not happen, nor does it mean the suspect is acquitted. It simply means the legal system struggles with the case because a criminal conviction requires a coherent "story" with a beginning, middle, and end—something sexual assault survivors often cannot provide due to trauma-induced dissociation.

The Call for Specialized Courts

The gap between the multitude of assaults and the low conviction rates could be bridged, according to Neurich, by establishing specialized courts for sexual offenses, similar to existing courts for youth, family, and economic crimes. Judges who understand the dynamics of sexual trauma would comprehend why victims might delay reporting or exhibit seemingly "irrational" behaviors. Meanwhile, NGO CEO Orit Solitsianu sharply criticized the closure of the Vilner case, calling it a "terrible slap in the face" and attributing the lack of evidence to negligent police work.

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