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Criminal Case (Ref.) 58123-07-23 State of Israel v. Ofir Hai Aharon - part 7

October 16, 2025
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There has been a change in his perceptions and motivation to continue treatment, but there is a need for therapeutic time that will allow him to deepen his choice to carry out the acts of which he was convicted.  The assessment of the danger showed that his danger was assessed as medium-low.  There was no impression of sexual deviance, there was no evidence of sexual abuse, he formally understood the wrongfulness of his actions.  and focused on the consequences of the acts on his life and expressed a simplistic understanding of the damage caused to the victims.

In all the considerations, it was recommended that the hearing be postponed by three months.

  1. The second report, dated May 29, 2025, revealed that during the period of rejection, the defendant participated in therapy on a regular basis, but after 4 months, he found it difficult to recognize the sexual motives that were the basis of his behavior, but he recognized his criminal patterns and material motives. At the same time, it was found that he did not take full responsibility for his actions, minimizing their scope, severity, and the extent of his involvement in the commission of the offenses of which he was convicted in a way that presented himself as a mediator who focused on the financial gains and not on the content he organized and distributed.

The defendant expressed his objection to critically examining his criminal patterns, and in particular his patterns in the field of sexual offenses.  The Probation Service's impression is that despite the attempts to integrate him into the treatment, the defendant has not benefited from the treatment and the risk in his case has not diminished.  At the same time, it was described that the defendant manages to lead a stable routine, is aware of the toll his actions have taken on his life, avoids problematic conduct, sets a limit for himself, and the criminal proceeding is a deterrent for him.

In view of the above, the Probation Service did not make a therapeutic recommendation, but rather recommended tangible punishment by way of actual imprisonment, a punishment that would set a limit, commensurate with the severity of his actions and the harm he caused.

  1. The third report, dated September 15, 2025, revealed that during the period of adjournment, the defendant continued to take part in the group therapy, participating in two out of four sessions. According to the report of the treatment officials, even at this time, the defendant had difficulty recognizing his sexual motives and the significance of his choices, and was unable to delve into his abusive choice and its implications for the victims.  The defendant still holds a restrictive position regarding his share and the degree of his involvement.  Finally, the Probation Service reiterated its recommendation that there is no room for rehabilitative punishment and that concrete punishment should be taken by way of actual imprisonment.
  2. Evidence of Punishment
  • Affidavits of Crime Victims (Tel/1)

On behalf of the accuser, 19 affidavits of crime victims were submitted.  In the framework of them, the victims laid out the damages caused to them in the past, present and future, and in summary it will be described that the victims reported on; Anxiety, depression, difficulty sleeping, fears, anger outbursts, academic difficulties, difficulty in forming social and marital relationships, loss of trust in others, eating problems and self-image, feelings of shame, humiliation, exploitation and humiliation.  impairment of quality of life and peace of mind, fear of being identified and exposed in the present and future; On the Internet, in the circle close to the couple's family, and in the public sphere, i.e., in educational institutions, the military framework, workplaces, etc.  They also reported a sense of fear and nuisance from inquiries from users and others who identified them and contacted them following the publication of their identity.  Some of the complainants also described that due to the consequences of the injury on their emotional state, they sought mental health treatment through the various channels; Privately, in the military framework, and in seeking support through the community's welfare agencies.

  • Letter from the defendant's mother (Tel/2)

The mother described that her son has been an anchor for her and her young daughter since her divorce.  He is a devoted brother and son, served in the army in significant service, is a man of values and wisdom and will soon be married.  The mother described that during the period of house arrest he was under her close supervision, persisted in complying with the conditions and took responsibility for his actions in an honest manner.  The mother asked to be considerate of the defendant and to give him a second chance.  She said that imprisonment at this stage would be a severe blow for him and his family.

  • Letter from the defendant's father (Tel/3)

The father described that his son had grown up in a difficult and complex reality, especially in the economic and family aspects in light of the divorce.  The family members were supported by the grandmother, and after her death, our son took care of his mother and sister.  His older brothers are busy with their lives.  According to him, the defendant committed the acts out of a sense of obligation to help the mother financially after the divorce.  He described that his son had the ability to integrate into educational and military frameworks.  He was also described as helping his grandfather, a Holocaust survivor who died in recent years, and described him as having a big heart and emphasized that he took responsibility for his actions during the investigation stage.  He also noted that the defendant felt ashamed of his actions, understood that he had made a mistake and would marry a woman who would accompany him hand in hand.  The father sought to be lenient with the defendant and allow him to settle down and start a family, stressing that he felt responsible for his son's situation and was "struck down for sin" for his son's actions, and now he is there for him.

  1. Summary of the parties' arguments for punishment
  2. The accuser's attorney, Attorney Itai Gohar, submitted the main points of the written argument (Tel/4) and completed them orally.

In his arguments, he referred to the explanatory notes that underpinned Amendment No.  4 to the Prevention of Sexual Harassment Law, when an alternative was added in the provision of section 5a, known as the "Videos Law", according to which the phenomenon of the publication of photographs, films or recordings of a sexual nature without consent, should be treated as sexual assault.

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