The "Red Sea" hotel rape case: Appeal of the two main adult defendants rejected

The Supreme Court has rejected the appeals of two adults responsible for the 2020 gang rape of a minor in Eilat, confirming their long-term prison sentences. The sentences of the minor appellants and one other adult were reduced.

MaarivAuthor: Gilad Morag
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The "Red Sea" hotel rape case: Appeal of the two main adult defendants rejected
Photo: Maariv / המלון בו על פי החשד בוצע האונס באילת | צילום: עצמי

The Supreme Court has ruled on the appeals regarding the gang rape of a 16-year-old minor at the "Red Sea" hotel in Eilat. The appeals of the primary defendant and another adult participant were rejected, and they will remain in prison for long-term sentences. However, the sentences of the minor participants in the case were reduced.

A series of appeals were filed by a group of defendants who participated in acts of rape, aiding and abetting rape, and indecent acts under aggravating circumstances committed on August 12, 2020.

Supreme Court judges Alex Stein, Khaled Kabub, and Ruth Ronen rejected the appeal of the gang rape instigator, Asi Rafailov from Hadera, who was sentenced to 22 years in prison. The court noted that while the punishment is severe, it reflects the gravity of the crimes and their consequences. The same determination was made regarding another adult participant, Elizer Mairov from Hadera, who was sentenced to 14 years in prison.

The Supreme Court emphasized that despite the public outcry, sentences must be imposed strictly according to the law. The court clarified that while it is appropriate to be strict with minors committing gang sexual offenses, the tightening of sentencing policy must be gradual, with rehabilitation as a priority.

In line with this policy, the prison sentences for the minor appellants were moderately reduced. Regarding one of the adult appellants, the court, with the state's consent, acquitted him of aiding and abetting rape, convicting him only of indecent acts under aggravating circumstances. His sentence was significantly reduced. Furthermore, one minor who did not enter the room where the crimes occurred was found guilty of a lesser offense, and his sentence was converted to community service and a probation order.

The Supreme Court reiterated that the victim was in a state of complete disorientation, which precluded any possibility of consent. The judges clarified that permissive or provocative behavior, including alcohol consumption, does not justify sexual assault. Any such act without full consent is a serious criminal offense.

In a direct message to the victim, the Supreme Court stated that the blame lies entirely with the perpetrators. The court expressed hope that this verdict will assist in the victim's rehabilitation and allow her to move forward with her life.

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