Tel Aviv Court Acquits Sudanese National of Indecent Act in Ramat Gan
The Tel Aviv Magistrates Court has acquitted a Sudanese national of an indecent act in Ramat Gan, ruling that the prosecution failed to prove criminal intent beyond a reasonable doubt. Judge Shlomit Ben-Yitzhak noted that while the complainant was credible, the high evidentiary threshold for a criminal conviction was not met.
The Tel Aviv Magistrates Court has acquitted a Sudanese national accused of committing an indecent act against a 23-year-old woman in Ramat Gan, ruling that the prosecution failed to prove guilt beyond a reasonable doubt. The incident, which occurred on Jabotinsky Street, led to a chase by the complainant and her mother, but the court ultimately accepted that the physical contact could have been accidental.
The Indictment and the Chase
According to the indictment, the 23-year-old complainant and her mother were walking along Jabotinsky Street in Ramat Gan when the defendant approached them. The prosecution alleged that as he passed, he reached out with his hand, which was holding a mobile phone, touched her groin area, and immediately grabbed her breasts with both hands.
The complainant screamed, and the defendant fled. Assisted by two passersby on motorcycles, the complainant and her mother pursued the defendant to a nearby gas station. The complainant testified that at the gas station, the defendant apologized and begged them:
"I am sorry mother, I am sorry daughter, please do not call the police."
The Defense and Alternative Explanations
Represented by defense attorney Ramzi Sakhis from the Public Defender's Office, the defendant denied any sexual intent. He maintained that his hand, holding his phone, accidentally brushed against the complainant's hip or inner thigh as he walked while listening to music. He consistently denied touching her breasts.
The prosecution argued that the defendant's post-incident behavior—including a perceived "victorious smile," fleeing the scene, and apologizing at the gas station—indicated guilt. However, Judge Shlomit Ben-Yitzhak found alternative explanations for these actions.
Regarding the smile, the judge noted that the defendant maintained a similar facial expression throughout the trial. During the initial confrontation, an investigator had even told the complainant that this was simply the defendant's natural facial structure. Furthermore, the court ruled that his flight and plea to avoid police involvement could be explained by his precarious legal status in Israel and panic over the women's intense reaction.
High Evidentiary Threshold
In her ruling, Judge Shlomit Ben-Yitzhak highlighted several weaknesses in the prosecution's case. The complainant's mother did not witness the actual physical contact, and there were minor inconsistencies in the complainant's description of where she was touched.
While the judge explicitly rejected the defense's claim that the complainant and her mother were lying, and praised the young woman's courage in testifying, she concluded that the criminal standard of proof had not been met.
Judge Shlomit Ben-Yitzhak wrote:
"If this were a civil case, where the required standard of proof is merely the balance of probabilities, there would be grounds to prefer the complainant's version over the defendant's. However, in criminal proceedings, a much higher threshold is required, and the high evidentiary standard necessary to convict a person of a crime has not been crossed."
Consequently, the defendant was acquitted of all charges.
