Caselaw

Criminal Case (Ref.) 58123-07-23 State of Israel v. Ofir Hai Aharon - part 13

October 16, 2025
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In view of the severity of the acts, the legislature found that the punishment should be placed alongside the offense of sexual harassment to 5 years in prison alongside the offense of invasion of privacy.  As stated, the defendant was also convicted of the offense of publishing obscene material in which the image of a minor was published.

  1. As a result of the defendant's actions, many social values were significantly violated, including the right of every person to his or her good name and dignity, privacy, bodily autonomy, and privacy. In addition to the severe harm to each of the victims of the offense, as will be discussed in detail, the defendant harmed the values of society as a whole.  The Supreme Court addressed the severity of the victim's harm as a result of humiliating publicity, as it is an offense of sexual harassment that degrades a person's humanity, and emphasized the importance of amending the Video Law.

Thus, for example, in Criminal Appeal 5090/18 State of Israel v.  Anonymous, paragraph 10 [Nevo] (November 18, 2018), it was held as follows:

"[...] The importance of the amendment lies in the fact that the dissemination of humiliating advertising is not only perceived as an infringement on the privacy of a person, but even worse - as sexual harassment.  Any sexual harassment degrades a person's humanity and denies his autonomy and control over his body (Explanatory Notes to the Prevention of Sexual Harassment Bill, 5757-1997, H.H.  484, 484).  This is also the case, and even more so, in the distribution of degrading or humiliating documentation that focuses on a person's sexuality.  documented, is presented as a sexual object for the enjoyment of viewers and listeners.  She is exposed to everyone, literally, without asking for her consent.  The element of consent is particularly important, since it expresses the autonomy of the individual in the clearest sense, i.e., in a person's decisions about what intimate details to disclose to others, to whom to expose them, and in his attempt to control his image among his acquaintances and the public in general (Anonymous, pp.  737-738).  Therefore, this is a serious and real violation with characteristics of sexual abuse, and it justifies the application of the legal tools of thePrevention of Sexual Harassment Law [...]."

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