Court system officials to summon retired judge to explain his remark, which he said had been taken out of context and twisted
LONDON (Thomson Reuters Foundation) - A retired Israeli judge has caused outrage by saying, at an appeal hearing of a rape case involving a 13-year-old victim, that "some girls like to be raped", local media said.
The newspaper Haaretz said former district court judge Nissim Yeshaya made the remark during a hearing relating to the girl’s rape by four Palestinian youths close to Jerusalem six years ago.
Yeshaya, who was the head of a committee hearing the appeal, later apologised for the comment which he said had been twisted and taken out of context.
The Defence Ministry had decided not to recognise the girl, who is now 19, as the victim of a terrorist attack. She had gone to Tel Aviv District Court on Monday to appeal against that decision, which could lead to shorter jail terms for the attackers - who had been caught, convicted and jailed, media reports said.
"In the heat of the discussion, he (Yeshaya) suddenly said out loud 'some girls like to be raped,'" the young woman's attorney, Roni Aloni-Sdovnik, was quoted by the Jerusalem Post as telling Israeli Army Radio.
His remark was met with stunned silence in the courtroom, Aloni-Sdovnik was reported to have said. "He didn't even understand what he was saying, he didn't understand why everyone was silent," she was quoted as saying.
According to Haaretz, Aloni-Sdovnik said she was sure the judge didn't intend to make a malicious comment but was apparently prejudiced against victims of sexual assault.
"We are encountering the tip of the iceberg, when judges flub with their words and express what is in their hearts," the lawyer was quoted as saying.
The Times of Israel said the victim was described as being "upset and very hurt", but also as saying she didn't think Yeshaya was motivated by "malice or evil."
It reported that the Israeli Courts Administration had issued a statement, saying "things were said" during the heated debate but there was "no intention to hurt or belittle rape victims", and that Yeshaya would be summoned to clarify what happened.
The Israeli court system often assigns emeritus judges to sit on appeals committees reviewing Defence Ministry decisions, Haaretz said, adding that these hearings were confidential and held behind closed doors.
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