© Nicholas Kamm
Judges must know they are under scrutiny says Israel's Justice Minister Tzipi Livni.
Judges must know they are under scrutiny says Israel's Justice Minister Tzipi Livni.
Judge Nissim Yeshaya of the District Court announced he would step down from present duties after meeting with Justice Minister Tzipi Livni and Supreme Court President Asher Grunis, ynetnews.com reports.
"All judges need to know they are under scrutiny and must conduct themselves in a manner becoming those entrusted with safeguarding the law and deciding the fates of others," said Ms Livni.
"This isn't just about any single statement, it's about a perception women have fought against for years whereby victims are being blamed for the rape, " she added. "Such a statement, even if unintentional, could legitimise rape in the twisted minds of potential offenders. And judges too need to know that when a woman says 'no' she means 'no'."
The offence by four Palestinian youths from the Shuafat refugee camp, took place six years ago, against a 13-year-old girl, Army Radio reported.
The judicial review panel was assembled in the Tel Aviv District Court discussed the rape victim's appeal of a decision of the Defence Ministry not to recognise her rape as an act of terrorism, as she had requested.
The victim was not present at the hearing when the statement was made by Judge Yeshaya.
Prime Minister Benjamin Netanyahu said Yeshaya's remark unfortunate and unacceptable, adding he was withdrawing his support for the judge's appointment as the head of the Likud Party's court.
Knesset Member Aliza Lavie, chairperson of the House's Committee on the Status of Women, announced a plan to request the immediate dismissal of Judge Yeshaya.
Aloni-Sadovnik, the lawyer representing the rape victim said: "In the midst of the passionate debate, he (Judge Yeshaya) suddenly said aloud, in earshot of everyone present, 'There are some girls who enjoy being raped.'
"The room fell into silence. Even the panel members were silent for several minutes. And he didn't even get what he had just said. He didn't understand why everyone became quiet all of a sudden."
Judge Yeshaya said: "This isn't serious. They are trying to gain publicity off of me. I do not believe a rape victim is not hurt or that rape is not a severe offence. (My comments) were misinterpreted."
Judge Yeshaya is a retired judge who still attends court hearings.
Minister Livnat, who chairs the ministerial Committee on the Status of Women, urged the head of the courts administration, Judge Michael Spitzer, to exclude Judge Yeshaya from court hearings."Rape victims experience severe mental trauma," Ms Livnat said. "It is difficult to gauge the damage caused by such a comment, which may deter other victims of sexual assault from (turning to the authorities)."
