Sunday, January 17, 2010

Lilach Irmiyahu will pay 25000$ in compensation for making false allegations about sexual abuse

Lilach Irmiyahu, an Israeli female student, will pay 25000 USD plus 4000 USD for legal costs to compensate a men whom she accussed of sexually abusing her. A pioneer court ruling by female Judge Oshri Frost-Frenkel from the local court in Tel-Aviv has recognized the false allegations victim right for compensation. The original court decision (In Hebrew) can be found here.

Lilach Irmiyahu was an IDF soldier at the time of relevant events. This was back in 2003. After she made the accusations, the men had been arrested by the Israeli police and spent 4 days behind bars.

The Israeli national media has published the men's name as a sex offender, and he now he cannot get rid of the stigma. This is a problem common among many of the victims of false accusations. The Israeli media is dominated by feminists, and as soon as they hear anything that sounds like an opportunity to have a go at men, they never miss a shot. Even after the accusations are officialy recognized as being false, victims of false allegations have really hard time clearing their name.
Thus false allegations can completly destroy innocent men's lives, especially in such a small country as Israel.

Later on, the police has noticed that the accuser is telling inconsistent versions of what happened. She eventually admitted that her accusations about sexual abuse were completly false. in 2004, criminal charges were filled against Lilach Irmiyahu, for making the false accusations. In the framework of a deal with the state attourney, the accuser has admitted the facts but has not been convicted. As a result, the false accuser is now free to make false accusations against other men as well, and will not spend even a single day in jail.

See Below a translation of the court decision generated by Google's automatic translation software:

Magistrates Court of Tel Aviv - Jaffa A. 023310/06
Before: The Honorable Judge happiness Frustfrnkl Date: 13/01/2008

Posts: Fadel Gavrieli Yoav
Lilac Jeremiah

A.. Background facts:
1. The prosecutor, is a young man in the - he claims his late 20, a business reporter at times relevant to the prosecution in the cosmetic vehicle is currently unemployed and living social security pension for personal reasons that are interesting demanded.
Defendant, a student in the - 20 cheek, which dates relevant to the lawsuit served as a soldier in the regular army.
This lawsuit concerns violation of the right plaintiff to freedom, his reputation and damage the reputation, rights which are protected under the laws of libel, claiming that the defendant filed a false complaint against her attorney argued that the prosecutor committed indecent acts in force. Respect of this complaint the prosecutor was arrested for four days, his name was published in the media and he was put to ridicule his immediate family.
The prosecutor spent a day at the police station in Herzliya and three days in detention at Abu Kabir.

At. Prosecutor claims:
2. On 22.7.03, at 14:00 or close to it, plaintiff noticed defendant sitting at a bus stop when she's near the intersection of the village green border Ramat Hasharon and Tel Aviv and turned to her to find out how to get licensed neighborhood in Ramat Hasharon.
Between the two, developed a call at the end went together through a bus in Ramat Hasharon. Reaching Ramat Hasharon, exchanged phone numbers and bid their way to peace.
At 16:00 or close to it, the prosecutor made telephone contact with the defendant, after defendant called him "a call - Disconnect". After a brief conversation they met together, stayed for about two hours at the cafe "Vanilla" in Ramat Hasharon. After the meeting turned to the defendant's house, arrested a short break in a park. Later, before reaching to the defendant, visited two of the prosecutor at his aunt and then visited the house where the defendant's friend said goodbye friendly atmosphere.

Separated before the prosecutor informed the defendant that can not find a match between them except friendship, the defendant responded in tears wondering about the prosecutor's decision. At this point, while a taxi ride home in Herzliya prosecutor, the defendant tried to contact him by phone several times, but the prosecutor did not answer and later even turned off his cell phone.

3. The next day, 23.7.03, at 16:54 or close to it, the defendant went to the police station districts filed a complaint to the investigator on duty, which, the prosecutor committed indecent acts in force and introduced police investigators claimed injury caused by the prosecutor.
Sabotage is loaded, as it turned out later, is a burn caused by the defendant in the course of her military service near the relevant dates. The next day, early morning light of her complaint, the home of car arrived and performed the arrest, the prosecutor in front of his neighbors, acquaintances, family members undergo equal. During the arrest, refuted the air bearing words serious criminal character, such as: "sexual assault", "rape", "sex crimes", etc., when all these are attributed to the prosecutor.
He claimed that short space which describe the experience of his life, when beyond the shame and humiliation it experienced prosecutor, had the early morning before the eyes of his neighbors and his family Hmstoddim curiosity on their balconies at the top ashamed to be led by the police.

Arrest and detention was extended and he spent 4 long days, when he felt pain all over his body, so sad, terrible loneliness, helplessness and shouted his innocence. All this knowing he was innocent and in fact formed a malicious and vindictive plot against him. Published arrest procedure are close associates of the prosecutor and local and national media. At this point, the prosecutor had "bought" the status of a dangerous sex offender, and which when he himself did not know anything about it.
After four days of detention, questions began to emerge contradictory complaints about the defendant against the plaintiff, due to the fact that the burn mark the defendant's hand, caused the military services, and in retrospect it turned out that during the meeting, told the prosecutor that the defendant, while she attributed her testimony that the police allegedly attacking the prosecutor. After several days of re-evaluation version of the defendant revealed that her complaint is idle complaint that the defendant finally admitted that the fabricated things from the core.
4. On 10.9.04, submitted an indictment against the defendant, for providing a false report, in accordance with Article 243 of the Penal Code last part, ed - 1977 and on 31.1.05, as part of a plea bargain, the defendant admitted the facts of the indictment against her, but not convicted, face arrangement between prosecution defense attorney review the recommendation of probation services. The court placed the defendant under the supervision of a service test, for one year, noting the defendant undertaking to compensate the plaintiff in the amount of ₪ 3000.

According to the prosecutor, the court stating that the defendant committed the offense, then there is a verdict and / or Mute opponent the fact that there is a verdict on criminal boiled Umtiitr need to prove that the very implementation actions.
5. Plaintiff claims damage to reputation, humiliation, contempt, attributing to him qualities and actions did not exist, becoming a target of ridicule contempt hatred, injury later in life and out of malice unbridled vengeance on the part of the defendant.
Defendant struck his reputation, social status, thanks to a good livelihood.

Because the prosecutor withdrew the event at his home for two weeks during which, inter alia approached various media, with all that entails. In fact, until the very submission of the prosecution, the prosecutor did not "released" from the incident, the stigma that clung to him still exists, including the immediate environment. Acts of defendant constitute libel, the defendant filed a complaint with the police in order to harm the plaintiff, humiliate, degrade caused him damage as possible.
Unjust defamation is a civil tort damages, which entitles the injured party. Defendant not escape liability law get loaded. To this day, plaintiff suffers a negative image in the residence.
C. Claims the defendant:
6. Confirms that the defendant sat with the prosecutor Cafe Vanilla "in Ramat Hasharon and delayed conversation with the park on their way back home.
During the conversation he told her attorney that "he has a case of violence" and that his hobby is the girls abused by attraction bras, or bites. To illustrate this even though the defendant bit her back. Words and actions the prosecutor could terrorize the defendant, who was young, naive and inexperienced. But she decided to approve a prosecutor to escort her on her way home, hoping to be able to part with it without getting hurt. And she moved with the prosecutor at his aunt, a friend came to develop and mustered the courage to separate from the prosecutor.
Defendant claims that before departure from the declared explicitly that the prosecutor was persuaded that there is no match between them and there is no link between them in the future, and that the prosecutor reacted angrily and told her he called her again and again until you agree to meet him again. Returning to her parents' house, the prosecutor tried to call her phone again and again, but she refused to talk to him.
7. Defendant admits that filed a complaint against the police searched the prosecutor, claimed she did it in a state of excitement and fear at the violent harassment plaintiff image presented to her in the park. She hoped the prosecutor suspected felony stop the harassment and intimidation so Mask, version, "known" that the Israel Police does not apply for years to "easy beers" as harassment, or a bite to start the necessary police suspected a more serious offense.

Defendant contends that media reports were initiated by the prosecutor when she made clear that the prosecutor may be caused as a result of excessive damages complaint, above and beyond to achieve the goal of a cease harassment and intimidation, police stood on its own initiative and thanked her own free will that the best original complaint against the prosecutor was not true. The court set an amount of compensation the amount ₪ 3000 after lengthy pondering both the defendant's behavior and the damage caused by detention prosecutor that the amount of compensation paid attorney fully.
8. Prosecutor perceived mistake relying on Article 1 of Chapter "visual component" by not distinguished between ordinary civil suit claims trailing criminal conviction under section 77 of the law courts and buy 17 of the Regulations of Civil Procedure, Tel-Aviv - in 1984, and thought it was trailing from the suit the following reasons:

A.. Trailing only claim submitted against a convicted defendant was not convicted.
At. The current lawsuit was not filed within 30 days after the verdict made brew.

She claims that she never intended to harm plaintiff's reputation, humiliate or degrade, but keep him away, and stop the campaign of harassment and intimidation. More argues that the prosecutor who boasted of sadistic acts, looting and lowered himself. There is no place to attribute a tort of defamation, because the prosecutor is interviewed in the media. Press clippings attached to the lawsuit indicate that the prosecutor initiated the defendant was not all with it. She argues that its actions did not breach a statutory duty.

Compensation determined prosecutor in criminal instance ₪ 3000 are fully paid adequate compensation for any damages, caused by the prosecutor, if it caused.
D.. Discussion
9. Hearing evidence from the case before Justice Mark - Lorenzo Magic Dalia continued to this panel. Accordance with the decision of Justice Abigail Cohen from 12:11:07 accordance with Regulation 177 Civil Procedure Regulations, Tel-Aviv - 1984, there was no room to hear again the testimony Mr. Meir uncle, Ms. Abraham Yafit and Mrs. Ayelet Jeremiah.

The court case was submitted to police investigation material bag, which did not include photographs injuries claimed by the defendant.

Factual framework

10. Parties agreed on the facts:
- The complaint that the plaintiff against the defendant filed the police complaint is false / neutral garden prosecutor was arrested and spent 4 days in custody. One day at the police station in Herzliya and three days in jail at tremendous.
- Defendant admitted the facts of the indictment that was filed against her for this idle complaint in accordance with Article 243 of the Penal Code, for submitting a false report, but not convicted under a plea bargain reached with the claim and paid her full compensation punishment promised to pay part of the criminal case.
- As argued by the defendant ISA extension (Section 4), the defendant considered the ways how, according to her, allow her to keep the plaintiff from her, when she thought that the telephone harassment complaint threatens not addressed by the police's opinion, although she told her friend about the attack on the headquarters prosecutor, "To make it look real."

The question at issue is whether the defendant's complaint constitutes slander and damage to reputation of the plaintiff, tort accessible.

This is the place to note that although the defendant claimed the police complaint, only bite on her alleged defense exists "I spoke the truth", then as will be described later ruled that laws, not proven that the plaintiff had bitten her complaint because the police did not claim that the prosecutor had bitten her, but a blue mark resulting from Mecca.

11. For the prosecution testified before the Court, Meir Elimelech, the direct command of the defendant at the times relevant to the lawsuit. He claimed that the defendant approached him following the alleged incident to her, when she upset and weeping, took him time to draw her out. She told him the previous day's version of events of the complaint as telling him she had met the prosecutor at the bus stop, which bothered her all the way and got off a bus after trying to "apply to her." In his interrogation, the witness explained that he had never met the plaintiff the defendant who told him about her meeting with that person is a plaintiff, who followed her version orchard at one point or shrubs, or a dark place, he pushed her inside and began to deal with her and tried to rape her. She came home as I recall, she told her sister the same.
Elimelech added that he accompanied the defendant to the police station where he filed a complaint gave evidence, he confirmed that police claimed she was a girl reliable, dedicated and responsible and that he believed her.
Elimelech answered his cross-examination that he was the personal headquarters and daily contact with her, crying the defendant was real, she was agitated, raging, and his commander had the same effect. (Page 3 line 23-24 record).
Elimelech said when asked about the bite incident, the defendant had told him about the bite. Elimelech replied that he remembered the defendant told him that the prosecutor had his violent hobby that hurt girls.
After a year the defendant called him and thanked him that fabricated the rape story.

12. Yafit Abraham, her investigation of the defendant testified that she gave a statement to the police and she stands behind her. She did not remember that the day before the event the defendant injured her hand, she remembers that she had bites back, bruises the defendant had shown her, "shocking signs back, bottom and shoulder had swollen and blue and she bit her and turned violent against her. (P. 7 series 1-3 record). Version, the defendant never told her that she fabricated the incident and admitted on the day police told her that her complaint back. Defendant told her that she was frightened prosecutor, he kept calling her. She claims that the prosecutor attacked the defendant signs were not just blue. (Page 8 line 9 of the Protocol).

Abraham answered his cross-examination that the prosecutor called the defendant many times to her house, it bothered her and she asked him not to call, she was very scared and very upset.
Question: "You could tell the difference between real fake crying, after introduction of only three months," she replied that: "Her crying was something you never forget. Shocking, real, sure is real, it is impossible to fake such a cry, it moved really, really hard time, she was really upset, she did not work on me ". (Page 9 series 1-3 record).

Abraham confirmed that the defendant did not want to go to the police, she claimed to her that the police did not handle the complaint if you tell them that he bit her, she went with defendant to the commander, who pressed her to go to the police and file a complaint.

13. Ayelet Jeremiah, defendant's sister testified that defendant inquiries, returned from the army and told her that the prosecutor began her bus, he knew his friend, they were in the prosecutor's aunt went to the park. She noted that the defendant told her that the DA bit her right shoulder, back and waist. Version as the defendant had told her, she told the prosecutor that does not want to touch, the prosecutor responded that although a girl does not refuse him. The prosecutor had called them home, talked to her brother who gave him the cell phone of the defendant.

14. DA, Fadel Yoav, testified that his investigation turned to the defendant to determine how to reach her Ramat Hasharon police, the defendant told him that a long distance to police station and preferably on a bus that goes with it. During the trip the two exchanged phone numbers, the prosecutor dropped Ramat Hasharon police an hour later the defendant called him. He turned toward the defendant's house, called her and asked her if she knew a place to sit and eat because it was hungry, they sat in the Cafe "Vanilla" Ramat Hasharon two hours, then began to walk toward the house, they stopped and sat in a park near the police, because the prosecutor wanted smoke a cigarette. Behind the police station there is a path leading toward the residence and turned toward the trail during Tzaidtm, the prosecutor informed the defendant that there is no match between them. Version, she refused and asked to speak to him, then he knew the defendant to his aunt, passed through the defendant's friend then ordered a taxi home.

The prosecutor said that on his way home called her cell phone and someone he does not know the identity answered. He sent a message asking the defendant to call him. Defendant had called him but he claimed he did not answer her because he wanted to sever ties with her completely.
The next morning, police arrived at his home and detained him for questioning when he asked responded that the delay will tell him at the station. More told the prosecutor that refused to accompany the officers who beat him. At the police station asked him investigating Mira Dayan: "How was last night enjoying?" The prosecutor claimed that he did not understand what she was talking, mention the name of the defendant understood that: "She wants to cast me because I told her no."

15. In his interrogation, police investigators claimed him Hans and he has a complaint for indecent acts. The prosecutor refused to confirm those charges and added, arguing that even if Itzmido a gun to my head did not confirm these allegations, claiming that would never hurt a woman: "Well a man but a woman, a woman's honor waste of time for me." (Page 15 line 17-18 record).
Prosecutor Entered prison cell detention was extended on - 3 days for further investigation.
The prosecutor's version, he claimed that police station that burn the defendant claimed he made her, there was an army depending on her for the defendant told him. As the defendant contends that the prosecutor opened his belt and his pants and tried to rape her, claimed in his interrogation that he had no seat belts. Search conducted at his home was not found even one belt. Almost stabbed in custody, did not let him sleep on the bed and he "passed in hell". The prosecutor said that after he was released people began to point out and condemn it in the street names of rape.

16. His cross-examination the prosecutor argued that the Web site "Ynet" approached him several years after the arrest, sought to interview him and he agreed because he wanted to clear his good name.
Question his interrogation, why not noted in an interview that went Heritage Ramat Hasharon police station and the prosecutor replied that he saw no need to tell the newspaper, "It's my personal things and I'm not supposed to tell". (Page 5 line 24 of the Protocol). The same goes for the interview conducted a year earlier with the newspaper "Voice of Herzliya.

In his interrogation, police claimed that the prosecutor is trying to call the defendant twice, she did not answer him, then called him and when she sent him a reply SMS 2, contrary to an interview conducted in 2005 with a site "Ynet" the defendant argued that there is calling him

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