People Covered - עמיהוד בורוכוב, משרד עורכי דין

Can a brother-in-law be convicted of sexual offences acts against a minor relative ?

Violence •People Covered

Yes, in principle, as brothers in law are included in the list of family members appearing in the Penal Law in relation to sexual offences against minors committed by family members, providing that they are over the age of 15 when the acts were committed. However, there is an exception – if the alleged offence is committing indecent acts and the alleged victim himself is 16 and consented. The act excludes brothers-in-law from the definition of family members in these circumstances.

I am 18 and doing compulsory military service. My parents are divorced and my father lives abroad. My mother has remarried. My younger brother complains her new husband hits him. When I come home on leave he doesn’t dare to do this because he knows that I will protect my brother. Before I was in the army he used to hit me, too. My mother denies that the situation is that bad (I think she is frightened). Is my brother entitled to legal protection and can I do anything to help him get legal protection ?

Violence •People Covered

Yes, when a minor’s rights are in real danger, he is allowed by the Family Court Act of 1995 to bring an action by himself, or through a close friend, against a family member perpetrating violence against him. His mother’s new husband would fall into this category of family member. An elder brother could
apply for a protection order for a younger brother against their mother’s new husband under the 1991 Prevention of Violence In the Family Act. A child is entitled under the act to get a protection order against his parent’s spouse or common-law partner.

Does Israeli law also protect men who are victims of domestic violence at the hands of women ?

Violence •People Covered

Yes, a male victim of domestic violence has equal rights to protection under Israeli law as a female victim, though in practice it may be easier for a woman to actualize them due to stereotypical reactions of the police and courts.

I divorced my husband a few months ago . He can’t accept being rejected. He keeps coming to my home and to the office where I work and threatening to “put me into hospital” if I don’t agree to go back to him. Have I lost my legal right to protection because I am now divorced ?

Violence •People Covered

No ! Just as a wife in this situation can apply for a protection order against her husband under the 1991 Prevention of Violence In the Family Act, so can an ex-wife apply and get the same protection against her ex-husband.

Incidentally, a common-law wife /cohabitee is also protected under the law,too – as (ex)common law husbands/cohabitees also qualify as family members for the purposes of the act.

I divorced my husband a few months ago . He can’t accept being rejected. He keeps coming to my home and to the office where I work and threatening to “put me into hospital” if I don’t agree to go back to him. Have I lost my legal right to protection because I am now divorced ?

Violence •People Covered

No ! Just as a wife in this situation can apply for a protection order against her husband under the 1991 Prevention of Violence In the Family Act, so can an ex-wife apply and get the same protection against her ex-husband.

Incidentally, a common-law wife /cohabitee is also protected under the law,too – as (ex)common law husbands/cohabitees also qualify as family members for the purposes of the act.