Two 13 years-old defendants were accused of filming a Facetime call they had with the victim, who was their classmate. The video portrays the victim performing sexual acts that the defendants requested that she perform. The Juvenile Court attempted to avoid convicting the defendants due to their young age, and despite stating that they have committed the offenses attributed to them. The District Court reversed on appeal and convicted the defendants of sexual harassment under the Israeli Prevention of Sexual Harassment Law.
The defendants appealed to the Israeli Supreme Court that ultimately affirmed the District Court’s decision. The high court stated that spreading sexual videos, especially those taken without the knowledge and consent of the victim, violate the victim’s autonomy and fundamental rights to privacy and dignity. The court concluded that the defendants, who pleaded guilty, shall be convicted and bear a criminal record in order to deter against similar cases.
CLICK HERE for the judgment of the Israeli Supreme Court (in Hebrew).
This article was published in the Internet, Cyber and Copyright Group’s October 2019 Newsletter.
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