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Israeli TV Reporter Accused of Rape, Alleged Crime and Identity Under Gag…Till Now

yoav even

Yoav Even: the eyes of a stone-cold rapist?

Hannah Beit Halachmi, one of Israel’s leading feminist bloggers who has written passionately about crimes against women in her country, reports on the case of Yoav Even (Hebrew), Channel 2 TV’s health (his reporting beat is ironic in the extreme) reporter, who’s been accused by a co-worker of a violent rape and bodily injury.  Though I know more than I am publishing here (for the sake of the victim’s privacy) about the specific nature of the attack, I’ll let Hannah describe its severity:

He raped her in modes and manners for which the word “brutal” is far too kind.

It appears she may’ve been drugged in order to render her unable to resist.

The charges and his identity are under gag order in Israel, yet another example of abuse of a system of government secrecy to protect the powerful.  For Even is a member of the media elite, entitled to a powerful attorney who has the connections necessary to persuade a judge to seal the case under gag.

What gives Even the right to hide from the charges against him?  Even former Israeli president Moshe Katzav had to face charges of rape for which he was eventually convicted in the full light of day.  Why should anyone suspected of a major violent crime deserve such a shield from public scrutiny?  The very notion offends me.  So let me be the first to report that Yoav Even is charged with rape.  If you’re an Israeli you should know this.  You deserve to know this.  If a powerful man is suspected of engaging in criminal behavior against women he should face the music and not hide behind a gag.

In some cases, gags might legitimately be used to protect the identity of a woman accuser if she does not wish her own identity known.  But that is because she is a likely victim and not the perpetrator.  The fact that an alleged perpetrator of a violent crime gets such consideration is a shandeh, and further evidence of a perversion of justice at the heart of the Israeli legal system.

rotter screenshot yoav even gag

This gagged Rotter thread names Even and the brutality of his alleged attack on the victim

The victim has approached the Israeli media asking for it to appeal to the court to remove the gag.  No one did.  So let no one say that the status of women in Israeli society is such that a man’s status, especially one suspected of sexual crimes against them, isn’t higher.

As Ronni Aloni Sadovnik reporting for Israel’s News1 writes (Hebrew):

In Syria they may’ve removed the emergency laws, but here in Israel Tahrir Square is empty of protestors and there are no banners flying.

…Isn’t it hypocritical for the captains of Israeli media to expend huge sums to fight against gag orders when it’s in their interest to report on the stories being concealed, while in cases like this they expend huge sums to maintain such gags when it’s in their interest to protect one of their own…The right of the public to know includes matters concerning those members of this exclusive media Club Med.

Beit Halachmi and Dvorit Shargel report that the prosecutor may be ready to dismiss the investigation, which certainly is made easier by the fact that it is in the shadows and unknown to most Israelis, especially women.  This drives Israeli feminists (or anyone concerned with protecting women from sexual predation) beserk as well it should.  The public not only cannot know, but reporters, bloggers and activists may not inquire, they may not investigate, they may not even confirm information that they discover in a public setting.

The Israeli blogger notes that the security services are quick to utilize gag orders to deny Palestinians accused of security crimes of any serious inquiry into the charges against them by the media.  Similarly, settlers guilty of crimes of violence and against property are protected from the public knowing the full extent of their crimes by similar gag orders.  Soldiers and police officers charged with serious crimes can similarly be protected.  In these cases, the crimes are political or security-related and we are used to such gag orders used for political purposes.  But Israelis are less used to gag orders protecting the wealthy and powerful and harming the interests of Israeli women victims of sexual violence.

Who doesn’t get a gag order when his case is heard?  The suspect who has angered the elites with behavior that offends them or who no longer serves any useful purpose for their interests.  But in this case, Yoav Even is one of the golden boys who merits protection from the full extent of his actions.

I should add that according to Beit Halachmi this is not a case in which there is, at least to her mind, any doubt that a horrible crime has been committed against this victim and that the accused is guilty of it.  The blogger says that if the criminal investigation is dropped, and she hopes it will not be, that a civil complaint will be filed against Even and that the victim will deprive him of every cent he owns in punishment for his acts of cruelty.  This is strong stuff.  Of course Even is entitled to a trial and to be considered innocent till proven otherwise.  But given the certainty she expresses in her post, I have little doubt that this gag order is an evil act of concealment of a crime.

Beit Halachmi also publishes a statement from a manager at the station who witnessed the victim’s return to work after the rape.  His or her testimony further confirms the sterling character and impeccable professional and personal reputation of the victim and the likelihood of her accusations being well-justified.

A Facebook commenter on my post, Eli Meshulam adds an important point for consideration:

The very fact of Even’s seeking a gag order testifies to the severity and credibility of the charges and to the fact that the complaint and her testimony are credible.  It this were not so he would put forward publicly his own version of events against hers and even seek to debate her publicly.

This, after all, is what Moshe Katsav tried and failed to do.  But that’s because he was guilty and no one believed the version he offered.  If Even had a credible response he would offer it and do so aggressively.  It’s telling that he chose the opposite tack of trying to bury the charges in secrecy–till now.

Another Facebook commenter, Adam Shuv, CEO of the Israeli social networking site Refresh-Go Social, made a provocative and maddening defense (Hebrew) of the gag saying that the accused deserved to have his privacy protected until an indictment was filed because a false charge of rape would cause enormous damage to Even’s reputation.  Even if we concede that this may be true, we have to weigh the overall damage or benefit of revealing Even’s identity here.  If we protect it and he is innocent, then we’ve done a service to him.  But if we protect it and he is guilty then we’ve let a guilty man conceal his crimes.  If we reveal his identity and he is innocent, then we’ve done him an injustice.  But if we reveal his identity and he is guilty, then we’ve not only helped a victim gain justice, we’ve outed a sexual predator who might have victimized others.  I think my writing of this post indicates clearly on which side of the argument I stand.  What shocked me is the typically male approach of Shuv which discounted completely the suffering of the alleged victim.

A final note, to be clear neither Dvorit Shargel nor Hannah Beit Halachmi or any Israeli media source thus far has broken this gag nor violated Israeli law.  That is my doing and fully my responsibility.  Thanks for research assistance from Dena Shunra.

{ 93 comments… add one }
  • Agent Smith April 24, 2011, 8:07 PM

    While you often raise many valid arguments in this blog and report important cases, I fail to see how this post is of any interest to anyone or controversial in any way.
    Please see wikipedia: איסור פרסום

    The law permits placing a gag order on cases with the potential to cause extreme damage to a person’s reputation or otherwise danger him in some way. Many high profile cases (often involving media personas) have had a gag order placed during part of the investigation (i.e. the Dudu Topaz assault, the Erez Efrati rape attempt etc.).

    I will argue that cases involving famous individuals have the potential to immediately draw very wide media attention to them, attention that would cause irreversible damage to their reputation (even if they were never proven guilty, which is often the case in sexual harassment cases). In the case of Dudu Topaz, for example, if he were eventually released with no charges, the media coverage alone would be enough to portray him as a criminal in the public eyes and he would never be able to return to his career in television (even though in this hypothetical case he was never convicted of any crime).

    In the case of other, non-famous individuals, the potential is much smaller because their case usually does not draw significant attention and most of the public will never learn of the case or otherwise remember their faces. (please note that in almost all cases involving minors, the media is not allowed to report their name or display their picture until they are convicted, for the same reason).

    This is, after all, a delicate balance between the peoples’ right to know and the right for respect and a good reputation (I apologize of this translation is incorrect, I was referring to זכות הציבור לדעת והזכות לכבוד ושם טוב). There have been many cases where people were accused of a crime and were never convicted, but the accusations against them destroyed their reputation, family, business etc.

    In this case I assume there are some doubts regarding the case and his attorneys convinced the judges that a premature media exposure would have devastating consequences for this person’s career. This is no case of “elites” using their connections to take advantage of the system. Yoav Even is definitely not an elite. In fact I never heard of his name before today and I highly doubt many Israelis would even identify him (he is, after all, a “health reporter”. Come on…).

    To sum it up: I don’t see any reason to get excited over this case. Perhaps you may have some objections to this particular law and how it is interpreted by the courts, but there is nothing really controversial here and definitely no connection to the security apparatus, censorship or Israeli-Palestinian conflict.

    • Richard Silverstein April 24, 2011, 9:01 PM

      Well, all I can say is that Dvorit Shargel, Hannah Beit Halachmi & News1’s correspondent, all women interestingly, disagree with you vehemently & describe this case entirely differently than you. That might not be because you’re male would it?? There are many rape cases in which defendants have no gag order. Yoav Even deserves no gag. It is through a gag that this case might be dropped. With no gag public sentiment can shape the investigation & how intensively it might be pursued.

      If Yoav Even is guilty of rape he deserves to have his reputation damaged severely. And whose reputation here is more important, the victim’s or the big bad boy with the lawyer worth his weight in gold?? I’m with the victim on this one. She wants no gag. There should be no gag. I trust those who have published about this already & those who know the victim personally & place their implicit trust in her. There was a crime in this case & it deserves the full scrutiny of public opinion. ANything less is unacceptable.

      The judge couldn’t express doubts about the evidence since he hadn’t seen any. He hasn’t tried the case yet, right? Don’t make such assumptions, you want assumptions make, don’t you? As for whether Even is among the elites, again I’ll trust Shargel, Beit Halachmi & News1 over you on this matter.

      You don’t see any reason to get excited unless it was yr wife, sister or daughter. Then you’d be damned excited I guarantee.

      • Raphael April 24, 2011, 11:59 PM

        The point is that Even is not a defendant, at least not yet. The law allows a gag order on a suspect’s name only until such time that he/she is formally charged in court and then the gag must be lifted. This supposedly balances defendants’ right to their reputation in case the charges aren’t followed in court, and the public’s right to be informed of legal procedures. So if Even would be charged in court we’d all hear of it in the mainstream media, despite his ‘powerful position’ as a second-tier reporter.

        You might still think that no one deserves to avoid public scrutiny, regardless of what they did or didn’t do, but that’s a whole different argument from the one you maid about people who’re guilty of rape – which Even (still) isn’t. I’m not saying this cause i know him or identify with his apparent aggressiveness – just because i personally don’t know anything to convince me that he is a rapist. If the prosecution is about to drop the charges it doesn’t mean he didn’t do it but it does make me think that, legally speaking, it’s not a clean-cut case as Hanna makes it to be. As much as i would like to know the details and be able to debate whether the prosecution is doing its job properly, i can at least admit that that comes at the expense of a currently-innocent person, and that the system should be able to scrutinize itself rather than everything being brought to the public attention.

        • Richard Silverstein April 25, 2011, 12:41 AM

          I didn’t say the prosecution is about to drop the charges. I said there are rumors to that affect & this disturbs me greatly. There should be public scrutiny of this case & this should have to be factored into the prosecutor’s considerations in deciding whether to go forward.

          There is not just a suspect in this case. There is a possible victim as well. And she alleges horrible crimes of which you can only begin to imagine & which I cannot report due to her request to protect this part of her suffering fr. scrutiny. Think about that too.

          The public has the right to know. It knows in cases in other democratic countries like the U.S. It should know in Israel too. There is no such thing as a gag here in cases like this nor should there be.

          • dubi April 25, 2011, 12:54 AM

            If the accused was falsely accused than he is the victim.

          • Richard Silverstein April 25, 2011, 12:30 PM

            And if not, he isn’t. Are you saying that the victim falsely accused Even? If so, you should read some of the transcripts I’m reading of her testimony to the police. It’d make yr hair stand on end.

          • raphael April 26, 2011, 3:36 AM

            You’re right – there might be (and probably is) a victim in this case, as you elaborate in your follow-up post. But all those details are not subject to any gag order, and can be published to the extent the victim would like them to be.
            If, in the end, the prosecution would decide that Even was honest in his claim that he thought sex was consensual, and that it’s so clear there isn’t even a point in bringing it to court – is that worth everyone in Israel discussing his private sexual preferences? Because if there’s any chance of conviction, or anything for a court to decide, the case would be made against him and the gag order would be lifted.
            The problem here is not really the court system, but the small size of the Israeli media community. Since everyone knows Even, no one feels comfortable reporting the case or siding with the victim. That’s what you get in a small country with such a centralized media industry. I don’t really know what can be done against that.

          • Richard Silverstein April 26, 2011, 12:41 PM

            all those details are not subject to any gag order, and can be published to the extent the victim would like them to be.

            Actually, no. There is a law prohibiting the identity of the victim from being revealed even if she wants it to be. She must follow a legal procedure & go before the court to renounce her anonymity before this can happen.

            is that worth everyone in Israel discussing his private sexual preferences?

            You think that all Israeli women would want to do is discuss his private sexual preferences? Perhaps they might want to discuss the status of women in Israeli society, why incidence of sexual violence is so high, why men treat women as objects in sexual encounters. That puts things on a diff. level doesn’t it?

            The pt is that if this is done in secrecy & only the judge, police & prosecutor are involved in the decision, their judgments may be diff. than those of the rest of Israeli society. That’s why the public has a right to know. Legal systems don’t or shouldn’t operate in secrecy. They operate in the context of a society & should be influenced by that society. With a gag none of that happens.

            I don’t really know what can be done against that.

            I do. They should do their jobs & stop acting like an elite club protecting their own.

          • raphael April 26, 2011, 1:17 PM

            you’re exactly right. but names are irrelevant to this debate, and if all other details (but her and his name) are available than a public debate can take place nonetheless.

        • me April 28, 2011, 9:25 AM

          Gag orders usually don’t last that long. Something about this story stinks and gag order is just a part of it.

      • Anyn. April 26, 2011, 1:55 AM


        I’m a woman and I agree with Agent Smith.

        Yoav Even may or may not have raped this woman, we don’t know. Nither Beit-Halachmi nor Roni Aloni Sadovnik know more than you or me about this. If I remember correctly, both wrote just as vehemently some months back about sexual harassment of activists in Sheikh Gerah and other places, but failed to produce any evidence for this. I’m not saying they’re liars, but they’re very enthusiastic feminists and can be carried away without factual basis. I’ve no idea why you put so much faith in them.

        If Yoav Even is not yet formally accused only the police and the court judge can see the investigation materials. If the judge thinks that there is cause to put a gag on the name of a man accused in a terrible crime before more details are gathered a formal accusation can be made, there might be some good reasons for this.

        I would never support concealing his name once a formal accusation is made, but at this early stage it’s perfectly fair not to ruin a man’s life because of an allegation.

        Whoever he is, Yoav Even is not a powerful media figure. Health reporters are not even 2nd tier. He appears on TV, true, but if he had real pull he would be covering subjects like politics, security or economics.

        So I can’t agree with you on this one, despite my appreciation for so much else that you do.

    • Leonid Levin April 24, 2011, 10:07 PM

      @Agent Smith, if most Israelis don’t even know who he is, then your argument that gag orders are applied to protect the reputation of famous media personalities doesn’t really stand in this case.

      I must say that in the Netherlands, for example, the identity of the accused is normally protected by the media by only reporting the first name and the initial letter of the last name. So in this case, it would be Yoav E. However, journalists are free to report on the investigation and court proceedings. Even after the court verdict, the full name is not always revealed. On the other hand, foreign media do report the full name. However, in the case of celebrities or otherwise famous people, the full name IS revealed, because everybody can easily understand who they are.

      I think the problem with gag orders is that the public deserves to know about the facts, the investigation and the court proceedings. As far as I’m concerned, I don’t need to know the names of the people involved. But in order for us to have trust in the judicial system, court cases should be open to (at least some form of) public scrutiny.

      I guess Richard’s indignation stems from the fact that gag orders are often (mis)used to protect the army, security forces and settlers from public scrutiny into their blunders and crimes. This is a totally different case, but it’s completely unclear to me why it should remain under gag.

      • Elisabeth April 25, 2011, 1:38 PM

        You are quite right Leonid, and I personally cherish this tradition in the Netherlands very much. Even after conviction last names are not published, and I wholeheartedly agree with this policy: After you have done your time in jail you should have a fair chance to enter society again.
        It is true that the names of very well known people do get around eventually (especially on the internet) because the reports of the court case make the indentities easy to guess.
        Another thing is that in case of people with rare last names, the whole family is unjustly victimized. This happened for instance to the completley uninvolved family of Mohammed B. (the murderer of Theo van Gogh), whose name got around because of the notoriety of the case.

    • gadi May 3, 2011, 5:17 AM

      The law allows a gag order in cases of minors, in cases where the publicity will harm an on-going investigation, or when the publicity may cause harm to the security or well-being of the public. It isn’t intended to protect individuals from damage to their reputation.
      The only exception to this is in cases where it has been ascertained that publicity will cause serious damage to the accused. By serious damage we’re not talking about damage to reputation. If that were the case, one could argue in each and every court case that damage to reputation may be involved. No. We’re talking about bodily harm. The court may choose to gag if they have sufficient reason to believe the accused may be attacked.

      I may be wrong, but I think the gag in Dudu Topaz’s case was because of an on-going investigation, not to protect his reputation.

      There’s this strange conviction in public discourse in Israel that false rape accusations are extremely common. There’s an obvious agenda behind it, but it’s so prevalent that people (male and female alike) buy into it without questioning whether it is factually correct. I suspect this conviction also explains why people in Israel are so quick to assume rapists are innocent and therefore deserve protection in the form of gag orders. Sad, but this is the society we live in.

  • guy moran April 24, 2011, 10:55 PM

    you’re pathetic.
    for once i was surprised that you made a gag-order bypass that had nothing to do with israeli policies, but of course you had to make the connection, so “abuse of power by israeli government”.
    come on.
    the israeli government isn’t a court of law, the gag order was given by a district court.
    you’re pathetic, i have nothing more to do here, fake jew , israeli hater.

    • Richard Silverstein April 24, 2011, 11:14 PM

      Of course gags are an abuse of power by the State. Israeli reporters have said as much. You act as if I’m the first who’s ever noticed the issue & criticized it.

      As for having nothing more to do here, you are correct, you’ve been banned. I don’t hate Israel, I only hate people (you see, Leonid, I tried to mind my manners and changed the original word I used here) like you who can’t be bothered with facts or reality if it disturbs your own.

      • Ben April 25, 2011, 12:27 PM

        The last big sexual harassment case was brought to the public attention with a huge bang and destroyed the reputation and career of a very capable police office Ori Barlev.

        How many of the readers actually know that the complaint was closed and he isn’t facing trial ?

        so due to the high profile of the case, the man lost his reputation, career not to mention the damage to his kids etc.

        and now what ? nothing.

        for that reason the legislator decided that a GAG can be issued in such cases until an Indictment is filled.

        If no Indictment will be filled, then you helped trashing his reputation for other reason then your search for publicity.

        i think you should have waited, and if you did bother reporting at least report the entire story.
        and based on what i read on the internet, there is a lot to the story, on both sides.

      • noa April 26, 2011, 1:10 AM

        (I posted this by mistake in the worng comment so here it is again in the right place)


        I believe that for now you’re the only one here who “can’t be bothered with facts or reality if it disturbs your own”!

        Your opinion in this case is based on rumors and you don’t seem to have even one whole side of this story.

        Did you stopped to think before you made an assumption and wrote thus post according to what you’ve been told by a co-worker?!
        Did you think that just maybe the gag order was set to protect those that have been a part or took sides in this case and/or investigation? Or maybe Even wasn’t the one to ask for the gag order (as you’ve been told)? That the gag order was set at district court so there’s probably a good reason? And yes, also to protect his good name because there’s no case and/or evidence against him, so there’s no reason to damage his name and reputation for good?

        Not you nor anyone else written those posts knows any facts!

        The problem here is that the minute it will be cleared and everything will go away and Even will be clean of charges (and he will!) none of you will admit that a mistake has been made and for sure none of you will write posts to clear back his good name! (I’m not even talking here about a public apology…)
        His life will never be the same and his reputation will be stained forever and not because of the woman who filed against him but because of people like you and your friend Hanna Beit Halachmi who think they have the right to be judges and to determine in a case they know nothing but false rumors about!

        • Richard Silverstein April 26, 2011, 1:53 AM

          maybe Even wasn’t the one to ask for the gag order (as you’ve been told)?

          I know for a fact that the defense asked for the gag order. I’d maintain that I know a lot more about this case than you & that you should return when you’ve done as much research & have as many documents related to the case as I do (& read & understood them).

          Not you nor anyone else written those posts knows any facts!

          I have the court protocol and excerpts of transcripts & yet you claim I don’t know the facts?? Who are you kidding?

          the minute it will be cleared and everything will go away and Even will be clean of charges (and he will!)

          Ah, now we see that you are one of Even’s acolytes. No doubt a co-worker or friend. You’re entitled to be. But not to be considered someone without a vest interest. Your argument therefore is not dispassionate but prejudiced against the victim. It is you who has rushed to judgment through yr certainty before a court has even heard a word of deliberation that Even is innocent.

          As opposed to you, I’ve conceded the possibility that the State may not be able to prove its case and Even may be exonerated. You are the one who is biased & knows nothing of the case.

          • Ben April 26, 2011, 2:55 AM

            So let me get that straight
            you are saying that even if the state will exonerate Even, You Richard think after reading the court transcripts (i assume you didn’t read the police report) that regardless of what the state will find Even is guilty.
            did I get that straight ?

          • Richard Silverstein April 26, 2011, 12:28 PM

            You’re speaking nonsense. You don’t even begin to understand my position. I don’t take well to people who misconstrue my views because either they have no reading comprehension skills or because they willfully distort them.

          • noa April 27, 2011, 7:32 AM

            I’m really very sorry to disappoint you but I’m very familiar and much closer to the case and it’s evidence then you think. I probably know about what’s going on more then you do, but unlike you I do respect the gag order and all those who are involved with this case!

            You choose to take out of context few sentences I wrote and comment on them (and on them only!), or maybe you just misunderstood me… so let me be clear and say that the point of it was to make you see that the responsible body for this gag order is irrelevant because it protects much more then only Even’s good name!

            And I’m not anyone acolytes, I just don’t appreciate distortions of truth that are told especially when being publish to the public in such a case, even more when it’s being done despite a gag order!

          • Richard Silverstein April 27, 2011, 9:55 PM

            I probably know about what’s going on more then you do

            Since you’re speaking in riddles I guess we’ll never know, will we?

            unlike you I do respect the gag order and all those who are involved with this case!

            Well, not all. If you respect the gag order I doubt you much respect the victim.

            it protects much more then only Even’s good name!

            In this case, the gag was requested by the defense & the gag protects the defendant & no one else. In the event they drop the case, it also shields the police, prosecution & judge from scrutiny.

    • Ex Israeli April 26, 2011, 8:45 AM

      I take my hat off to anyone called “fake jew, israeli hater”.

  • y April 24, 2011, 11:55 PM

    I dont know how it works in the usa, but in israel often suspects names are being published while they’re still under trial, and people treat them as guilty, before its even proved.
    WIth ex-president kazav, i dont know if he raped or not (i believe he did), but very few people actually thought there was any chance he was innocent, even before he was convicted by court.
    The second Evens case is published in israeli media hell be considered guilty by the public, even if in fact hes innoncent.
    Such stories shouldnt be published really before the trial is over, and theres a verdict, and its obvious the publishing might affect the judges opinion as well..

    Your usual paranoia about how israel works is baseless as always: If a president was charged with rape, if someone who was supposed to be next police chief was dismissed because he was accused of sexual harrasment and if even olmert and libermans cases are investigated and published – i dont really see how ur assumptions about the elite doing whatever they want, or women being not equall to men holds water. Do you really think yoav har even is a more powerfull man than ehud olmert, bank ha poalims owner ex-husband or a police general?
    Probably as always it will impress other friends of israel here, though.

    P.S this is my 5 or 6th response in the last week, none of them got posted. I know most of them revolve aroudn mistakes u make, but allowing people to find such is part of the “free debate” ur constantly preaching for.

    • Richard Silverstein April 25, 2011, 12:37 AM

      suspects names are being published while they’re still under trial, and people treat them as guilty, before its even proved.

      That is precisely the problem of yr justice system which does convict much more than it exonerates. In other countries, suspects’ identities are exposed but they are generally considered innocent & treated that way in court and in society.

      Katsav was convicted, thus he raped unless you wish to contradict a decision of your own courts. He was given every chance to plead to a far lesser charge & walk away but he insisted on arguing his complete innocence.

      There are many other justice systems in the world in which publishing a suspect’s name has no bearing on judges or juries. Why should Israel be the only democractic country that can’t manage to consider a suspect innocent till proven guilty?

      Again, your gripe isn’t with me. I’m merely paraphrasing cogent arguments of Hannah Beit Halachmi & the News1 journalist. Don’t kill the messenger. Deal with the message and the Israeli women who bear it.

      Don’t you mean “alleged mistakes I make,” or are you my judge and jury (perish the thought)?

      • Bobo April 25, 2011, 1:03 AM


        You seem to mis-understand Israeli State Advocacy. They will only press charges if they have a 95% chance to win, they will settle when they can. Trials can take years on years here. This is why you see so many convictions, the rest just don’t end up in court.

        For the current case, please try to remember the person is still innocent until proven otherwise, regardless of what anyone says (even if found guilty at the end, currently he is not, by any means other than what people say, guilty).
        Now, since the gag was given by the same court that should trail, you either have no confidence in that court at all and by asserting this you allow yourself to break the gag, or you keep a faith in it including the gag, if you do not like the gag you appeal to the court to remove it, not just write a blog entry about. That is to say, if anyone in Israel wants this published, they have an address to request that. The fact they do not appeal and use different methods means something, either they have no faith in the court (which convected the president a few months back under similar charges), or the gag makes legal sense and won’t be removed by the court.

      • Eran April 25, 2011, 6:26 AM

        You’re right about the Israeli justice system. Unfortunately, US justice system is no better. Check the conviction rates in US (federal and state) courts. Look up the Innocence Project. Main difference is that in Israel, at least, there is no death penalty. All those countless U.S.’ans who were murdered by the state cannot be brought back to life.

  • Shmul April 25, 2011, 12:46 AM

    Just to make you understand the other side – Take the same article you wrote and replace the name Yoav Even with Richard Silverstein. A co worker of Richard Silverstein, maybe someone who had some dispute with him, claims he drugged her, raped her brutally, and files a coplain to the police. Richard gets arrested imidiately to protect her and to block Richard from interfere in the investigation. To make the public opinion stronger – she turns to a feminist blogger which imidiately takes her story for grant, and publish it. And there isn’t a proof yet, just her word against yours. Would you feel that the public has the right to know what Richard did to that poor girl – when actually nothing has been proved yet?

    • Richard Silverstein April 25, 2011, 12:33 PM

      No proof? The victim hasn’t made statements to the police in this case? Statements I’m reading right now?

      Thankfully, no one has ever come close to accusing me of such a thing (though perhaps this will give some of my right wing friends ideas) & I hope no one will.

      I’ve said the accused deserved to be proven guilty in a court of law & is innocent until then. But being innocent doesn’t mean his alleged crime should be suppressed or hidden from the public.

      • Shmul April 25, 2011, 1:47 PM

        The statemaent at the police is no proof, it is only an acussition. In an ideal justice system, trails shoul come to an end quickly – but in Israel they tend to go on for YEARS, and in many cases the prosecutor drops the case because lack of evidence. Therefor, to ruin a man’s life for few years, make him be considered as a criminal who “burtally ect..” seems not fair, if all you’ve got is just a statement of an ex co-worker. Again, put yourself in his place, then reconsider…

  • dubi April 25, 2011, 1:02 AM

    “In other countries, suspects’ identities are exposed but they are generally considered innocent & treated that way in court and in society.”
    Yet there are exceptions. The Duke lacrosse case comes to mind.

    • Richard Silverstein April 25, 2011, 12:29 PM

      Yes, and the district attorney in that case lost his job. The system has the ability to self-correct. And no one any longer remembers the names of any of the lacrosse players who were charged.

  • dubi April 25, 2011, 1:14 AM

    I was googling around to see if it is true that in the US the names of accused are released to the public even before charges are made. I ran across this story.

  • haydak April 25, 2011, 6:07 AM

    One thing you are missing regarding Adam Shuv is that about 4 years ago he was accused of unlawful sexual intercourse by two females and was later acquitted by the court.
    He later went on to sue two news websites and received about $25k compensation from both websites.

  • Laser April 25, 2011, 7:45 AM

    about Adam Shuv:
    you forgot to mention, or maybe u didnt knew, that Adam is talking from his own prespective and experience.
    couple of years ago Adam were arrested in charges of rape that appear to be false.
    for few days he was all over the news, something who effect him badly.

    • Richard Silverstein April 25, 2011, 12:12 PM

      I suspected it given something said in that Facebook thread. And another person confirmed this to me after I wrote that. Nevertheless (or because of this), his perspective comes across as terribly macho & Israeli male.

      • Laser April 25, 2011, 1:22 PM

        since i knew Adam for many years i can only tell u that you are wrong, putting him in that category.

        the problem of terribly macho males is not unique to israhell. i do find your way of dealing with that issue a bit problematic.

        im against israhell and it’s horrors even without taking it to the protocols of the elders of zion level…

        • Richard Silverstein April 25, 2011, 2:38 PM

          You accuse me of exagerration & then liken my claims to the Protocols of the Elders of Zion.

          I too know someone who knows Adam & unlike you I’m not so sure he’s as pure as the driven snow. That being said, he wasn’t proven guilty & so deserves the benefit of the doubt.

          Not being found guilty isn’t always the same as being innocent.

          • Laser April 25, 2011, 4:43 PM

            of course not. and if ill say i know someone who know someone who know you and i cant prove that you are guilty in raping chickens but now we cant say that you are innocent.

            im sorry but this is the level of your argument.

            i mention the protocols as way of expression to exagerration. the jew’s / the arabs / the immigrants / the terrible macho israeli man – is to blame in all.

            (and just if it wasnt clear till now – i see the fight against gag order’s in israel as very important)

          • Richard Silverstein April 25, 2011, 4:59 PM

            Look, I’m not going to say more about who informed me about what they know of him & this incident. Let’s just say that there is enough possibility that the prosecution couldn’t prove its case, but that he may not have been innocent of the charges. He wasn’t convicted. That’s all I’m willing to concede.

            As for the Protocols, it was a low blow. If you as an Israeli aren’t aware of the suffering experienced by women & the level of violence against them by Israeli men, then you are out of touch. I found Adam’s statements to be condescending & prejudicial towards women & claims of sexual violence. So would most Israeli women who read them in that thread.

          • Laser April 25, 2011, 5:11 PM

            im aware and im aware as well to the suffering of womans all over the world and i find that making it “israelian” issue is disturbing.

            Adam’s respond, as bad as we can find it, came from his own exeprience. this is also something we need to consider when accusing someone.
            you might continue saying that he is terrible macho but i belive that in this case you have nothing to base on (if we dont count rummors from someone who told someone).

          • Richard Silverstein April 25, 2011, 5:35 PM

            You deny that the level of violence, rape, etc. against women in Israel is extremely high?

          • Laser April 25, 2011, 5:47 PM

            of course its extrmley high, like all over the world. and of course in some places its more high then others.
            to where you compare it when saying “extremley high”?

            couple of months ago few people started campaign against the join palestinian-israeli struggle (in sheikh jarakh, bilin and other places) because of sexual attackers. what u thought of that?

          • Richard Silverstein April 26, 2011, 1:58 AM

            couple of months ago few people started campaign against the join palestinian-israeli struggle (in sheikh jarakh, bilin and other places) because of sexual attackers.

            What pathetic hasbara. Yes, there are Palestinians who abuse women. Big deal. Is this news? And there are no Israeli Jewish men who do the same? And because there are Palestinians who may disrespect women this means that the entire Palestinian cause is unworthy of support? Get off it, man.

          • Ben April 26, 2011, 3:26 AM

            Kind of Hypocritical on you to state “Yes, there are Palestinians who abuse women. Big deal” dismissing so easily the allegations against the side that fits your agenda.
            the same Ronni Aloni Sadovnik reported in Sep 2010 about the rape of a peace activist by a Palestinian did you revel his identity then ?
            you didn’t even mention it.

            so those who rape better check the political agenda of the so called “Reporters”

            now is the time for you to learn the lyrics for a song called “how do you sleep at night, a little man reporter”
            “אז איך אתה ישן בלילה עיתונאי קטן שלי”

          • Richard Silverstein April 26, 2011, 12:35 PM

            I reveal things I know & that people tell me. Find out his identity before you engage in snark. And I believe that’s an “alleged” rape unless you can show there was any police investigation or court case that established that the act happened.

            YOu are now officially being moderated. I’m just sick & tired of the snark level. And the next bit of juvenile snark will send you to oblivion.

          • y April 26, 2011, 10:24 AM

            What pathetic hasbara. Yes, there are Palestinians who abuse women. Big deal. Is this news

            You’re the one making baseless claims like this

            You deny that the level of violence, rape, etc. against women in Israel is extremely high?

            Propaganda is something that works to both sides, even if ur side doesnt have a “funny” repeatable name like hasbara.
            You wanna cover us with mud constantly, and whenever someone claims the situtation is not better or even worse on the palestinian side you dismiss it as hasbara?
            Richard, do you even aim for any kind of integrity or honesty? Your blog has officialy turned into a “lets find anything bad that happened in israel this week. lets explain how it shows the israeli society in an extremly bad light. lets exlpain why it shows israel is not a real democracy”.
            Do you have any statistics on women sexually harrased in israel compared to other countries?
            Can you base ur claim from earlier to me about how justice system works in other place regarding gag orders?
            I saw u wrote in ur newer post that u were abit “imprecise”
            Maybe u should stop trying to prove to urself and everybody else that israel is the shittiest attempt for democracy ever, and dismiss anyone who asks u to prove it in the certain examples u give as “hasbarist”?
            Since u constantly compare us to palestinians, especially in the answers to other people (when someone writes many arabs hate jews, your automatic response is that many jews hate arabs), please, provide us with some information on how the feminist movement was more successful in the palestinian society, or in the arab world generally so far.

          • Richard Silverstein April 26, 2011, 1:01 PM

            Maybe u should stop trying to prove to urself and everybody else that israel is the shittiest attempt for democracy ever

            Again, I didn’t say that–you did. I have great distaste for people putting words in my mouth, esp. ones I never said nor believe.

            I never said Israel should base it’s sense of satisfaction on the status of women in its society on the status of women in Palestinian society. Israel should compare itself to other western countries which it does whenever it seeks a benchmark for success in any given field or endeavor. And by every measure it is wanting. Since you are an Israeli male who has never felt any sensitivity to how Israeli women feel about harrassment, violence & other phenomena that affect them virtually every day, it doesn’t surprise me that you’re obtuse on this subject.

            I’ll be publishing a post later today about this to provide you the links & sources to establish the comparative status of Israeli women versus other western societies.

          • Laser April 26, 2011, 12:09 PM

            im kind of exited. its the first time someone put me in the “Hasbara” side.

            i find really no reason to fight it since i know, and some of the commentors know my identity and my actions.

            other than that – i agree to Ben’s comment.

          • Richard Silverstein April 26, 2011, 1:09 PM

            some of the commentors know my identity and my actions.

            Interesting that this commenter is implicitly acknowledging that there is a coordinated effort by the Israeli right to infiltrate the comment section. Thanks for confirming a suspicion many of us have had here. Who are the others you mention just so we can identify them when they echo you & all of your other co-conspirators?

          • Laser April 26, 2011, 1:16 PM

            it seems like the israeli hasbara made really good job lately.
            they mannage to plant absurd character as you, in order to try making all of us, people who dedicate their life to destroy israhell terror machine, look the same.

          • Ben April 26, 2011, 2:03 PM

            @ Richard
            You are so full of BS this is unbelievable to me.
            You think that since Both Lazer and I think the same about a subject then we must be getting paid by / belong to the same organization ?

            so may i conclude by the same logic that You, Shunra, Deir Yasin and the other minions are getting all paid by the Hamas ?

            as we say in Hebrew, if you’ll put your brain in a tea spoon there will be a lot of room left for sugar.

          • Richard Silverstein April 26, 2011, 8:48 PM

            may i conclude by the same logic that You, Shunra, Deir Yasin and the other minions are getting all paid by the Hamas ?

            Actually Hamas doesn’t pay as well as the Saudis. That Arab petro wealth really comes in handy when I want to blow a few hundred thou on the gaming tables at Las Vegas.

            if you’ll put your brain in a tea spoon there will be a lot of room left for sugar.

            As I say in this blog, if you make a crack like that again you’re toast. And just try me.

          • y April 30, 2011, 4:08 AM

            Since you are an Israeli male who has never felt any sensitivity to how Israeli women feel about harrassment, violence & other phenomena that affect them virtually every day, it doesn’t surprise me that you’re obtuse on this subject.

            How do u know what ive ever felt about anything, except for specific subjects ive express my opinion about?
            Stop trying to do what we call ניתוח אופי to any israeli here.
            You’re getting extremly frustrated and mad when someone mischaracterizes ur views, and u even told me earlier today this why im moderated, so where does ur huzpa comes from to explain to me what do i feel about harrasment, violence and other subjects?
            Even the connection itself u make is baselss and racist – “since you’re an israeli male” What does me being israeli has to do with me benig sensitive or not?
            If i tell u one of the reasons im anti RoR is the violence against women level in the palestinian society youll dismiss as racist, right? but its ok for u to constantly make assumptions and to put words in peoples mouths, because after all, all the israelis are the same army-serving, arab-hating, women-harrasing bunch of shauvinist, except for the bless 2 or 3 people who fully share ur views?

          • Richard Silverstein April 30, 2011, 9:43 PM

            the connection itself u make is baselss and racist – “since you’re an israeli male”

            Saying that Israeli men are generally unsympathetic to women’s claims of rape or harrassment isn’t racist my friend. It’s accurate. An accurate generalization about a class of people isn’t racist, it’s purely factual. As as for you individually, you’re insensitive in spades.

            Now let me get this straight, you CLAIM that you’re opposed to Right of Return out of a false sense of solidarity with Israeli women who you believe will be endangered by returning male Palestinian refugees who harbor medieval, ‘typically Arab’ attitudes toward women. Did I get that right??? That has to be one of the purely wackiest anti-RoR arguments I’ve ever heard, & I’ve heard a few. And yes, it is racist, but more than that it’s just plain dumb.

            Did you ever stop to think that some of the returning refugees will be some of the most sophisticated, modern, worldly individuals on the planet since the Palestinian Diaspora is quite as cosmopolitan and advanced as anything in the Jewish Diaspora. Actually, Israel would be enriched by the returnees, not harmed.

            all the israelis are the same army-serving, arab-hating, women-harrasing bunch of shauvinist, except for the bless 2 or 3 people who fully share ur views?

            You see, every time you complain about being moderated you go and confirm the original reason for it by grossly mischaracterizing my views. Actually, there are hundreds of thousands of Israelis who agree with my political and social views about Israeli society. But you’re not one of them & that’s why you feel your ox is being gored.

          • y May 1, 2011, 10:44 AM

            An accurate generalization about a class of people isn’t racist, it’s purely factual. As as for you individually, you’re insensitive in spades.

            Richard, *your* opionion is not an automaticlly acurate fact. sorry to disapoint you. You’ve made a base-less statement, which is supposed to be accurate. why? because it is *you* or one of ur friends who claim it?

            Now let me get this straight, you CLAIM that you’re opposed to Right of Return out of a false sense of solidarity with Israeli women who you believe will be endangered by returning male Palestinian refugees who harbor medieval, ‘typically Arab’ attitudes toward women. Did I get that right???

            First of all, please, im asking u again to stop assuming which feelings i have, unless i state it explictly. You’re not seeing “through me” or something like that, and its abit pathetic u analyze me feelings time after time, while requiring from me not do do the same to u.
            MY sense of solidarty is apart of my general fear of the violent arab society. Im convinced the refugees in the camps in lebanon are no less violent than their brothers inside israel, who tend to shoot their daughters for having sex with someone they dont approve. This IS a fact btw. you can find lots of reports on this issue from both israel and jordan, but u will probably dismiss it as racism, like any bad thing mentioned about the perfect arab society.

            Did you ever stop to think that some of the returning refugees will be some of the most sophisticated, modern, worldly individuals on the planet

            Did u ever stop to think the only people who will choose to return are either nationalists like deir yassin, who mocks everything israeli in every other post, or the poorest of the poorest from the refugee camps? Should i go find quotes of ur friends here claiming that those who “made it” in south aemrica wont actually want to return? Have u missed this is exactly what happened with the zionist movement as well? It took a holocaust for the jews in europe to realise israel might be an option. Why would any succesfull palestinian (again, whos not an nationalist like deir yassin) choose to come here?
            What exactly will israeli jews gain from deir yassin? Lectures about how we didnt bloom the deseret and how israel is not actuallly safe for gay people? New words in the hebrew dictionary – “hasbardim” and stuff like that?
            Oh right, i forgot. we will get justice, the most valuable product on earth.

            there are hundreds of thousands of Israelis who agree with my political and social views about Israeli society.

            Represented in the knesset by…? or those “hunderds of thousands” cant vote?
            I dont mischaractarize ur views. Your typical respone to any israeli here begins witgh a “right winger like u” or something close to it. why is that?

          • Richard Silverstein May 2, 2011, 12:43 AM

            my general fear of the violent arab society.

            I think the world is far more fearful of violent Israeli society than violent Arab society. And btw, “Arab” is capitalized in English & I’d prefer you to do so.

            Im convinced the refugees in the camps in lebanon are no less violent than their brothers inside israel, who tend to shoot their daughters for having sex with someone they dont approve.

            My my, and there are Israeli Jewish families in which the same thing happens. Why might that be? It spoils yr theory too unless you try to argue that Israeli Mizrahim are really “Arab” & have absorbed all the bad habits of general Arab populations while absorbing none of the “civilizing influences” of their Jewish racial genes & traditions.

            This nonsense is so damn filthy racist & I’ve really had it with you. I tried not to ban you. In fact warned you repeatedly about diseeminating racist claptrap. But you persisted. And now this is the last racist inanity you’ll be spreading here. If you wish to comment here & tell me you can avoid racism in future I will unban you. If not, you’re gone.

            the only people who will choose to return are…the poorest of the poorest from the refugee camps…Have u missed this is exactly what happened with the zionist movement as well?

            Are you actually claiming that the only Jews who made aliyah before the Holocaust were the “poorest of the poor” and the dregs of Jewish society? Frankly, you astonish me. Josef Chaim Brenner, one of the greatest Israeli pre-state writers, a dreg? Judah Magnes, first president of the Hebrew University, a dreg? David Ben Gurion a dreg? What could you possibly be thinking?

            Why would any succesfull palestinian (again, whos not an nationalist like deir yassin) choose to come here?

            You are so abysmally ignorant of Palestinians that you don’t realize that there are Palestinians who are well-educated, successful, cosmopolitan AND nationalist who would love to settle inside Israel. There are also well-educated, cosmopolitan, successful and Zionist Jews who make aliyah to Israel, but they don’t make up for the native Israelis who leave.

            What exactly will israeli jews gain from deir yassin?

            You will become more human. You will become more sensitive to your past. You will be enriched by her perspective & that of those who are like her. Not you actually, since there is no hope for you. But in time, hundreds of thousands of Israelis will come to see that the Return is something that will benefit Israeli Jews and Palestinians. But not you, as I said. Because you are locked in your numbskull universe in which nothing real penetrates except slogans and other nonsense.

            Represented in the knesset by

            You make the mistake of claiming that the most right wing Israeli Knesset in Israel’s history is an exact duplication of the political views of Israel’s citizens. It isn’t. I’m not a political party. People don’t vote in Israeli elections for my political agenda. I’m not running for Knesset nor supporting anyone doing so except Dov Khenin. So your analogy is false.

  • Shimrit April 25, 2011, 8:18 AM

    Thank you for this post. The public needs to know. Rapists are cowards and a part of what gives them the courage to act is knowing they won’t have to face consequences.

  • duck April 25, 2011, 8:39 AM

    Yet another example of how crimes against arabs open the door for crimes against jews. I’m gonna throw this in the face of some right wing idiots.

    Also, another great piece from the wikileaks of israel.

    • y April 25, 2011, 8:44 AM

      Someone apparently raped a woman because of crimes against arabs?
      Right, because people in other countries dont rape, right?
      Or even palestinians themselves dont

      duck, you really sometimes at least try to think before you post.

      • justaseeker May 2, 2011, 2:25 AM

        Violence perpetuates violence, and violation of human rights tends to spread on beyond its initial victims. So, yes, someone raped a woman because of crimes against Arabs. And this is not to say that rape doesn’t happen in other countries. No one is claiming that this is the only reason people rape.

  • Ruth April 25, 2011, 8:54 AM

    In Ontario, the police will reveal the identity of a suspect only if he is charged with an offense and is to appear in court. They usually have a reasonable case but the details of the charge only appear much later in court. For the public however, the suspect is already guilty and his/her reputation ruined because people tend to trust the police and the courts. Innocent until proven guilty is nice in theory but the media has already condemned the suspect by revealing his/her identity. That’s why there are lots of lawsuits against the police and the Crown when the case falls apart in court. So may be a gag order is not such a bad idea to protect people from false accusations.
    We need to hear from lawyers here!

    • Richard Silverstein April 25, 2011, 12:09 PM

      You’ve clearly never had the experiences that the victim did in this case. If you had, you’d be singing a diff. tune.

  • o.d. April 25, 2011, 10:08 AM

    Yoav Even is almost anonymous in Israel. He is one of the reporters you see once in few months or when there is a terrorist attack and suddenly you see reporters you forgot even exist.

    As for
    “And whose reputation here is more important, the victim’s or the big bad boy with the lawyer worth his weight in gold??”
    You have to understand that in Israel there is almost no financial advantage in being part of a big TV network, or other influential media. Yoav Even don’t earn in Channel 2 money that can finance hiring a lawyer “worth his weight in gold”, and would you know the dynamics of the Israeli media you’d know that there are about five “talents” that earn big salaries, and even they, like Yair Lapid, make a commercial for a bank once in a while in order make the day, or the not-too-big not-that-fancy house.
    But you neglected the most relevant point to your argument in this money issue: while the reporters in Israel can’t afford a normal car no matter how fancy they look in the site-photoshoot (in the live reporting you’ll see them wearing a jeans and tee’s), the media moguls of Israel can’t afford the disgrace of their media house/TV net/publication ruin buy some reporter they have never heard of, so yes, they have money and connections and influence and they will do everything they can so silent a story like this because most of their viewers are not of the kind who surf the net in Dvorit’s blog or go into the Rotter forum or your blog (which caught on this story in very not fashionable late).

    Regarding the specific story, I think that anyone who rapes should be locked in jail for life.

    I think that what I wished to say to you was something that has very little to do with the story here. I guess I wanted to say hey, this is Israel, it’s like a little neighborhood, it’s not a chapter of some american TV drama, with big offices and and powerful characters who pull the strings. Just that you’ll know, nobody knew who the fuck Anat Kam was until the story revealed, and nobody cared afterward, and just t ad on this: Ori Blau’s story didn’t made big headlines when they were published, it wasn’t something we didn’t knew or shocked someone (what? that the army still treat terorist-suspect like shit? we didn’t thought that they are now arresting them with croissant and an ice latte).

    There are some rich people in Israel, and the media tools are also in their hands, but even the richest/influential people in Israel are not getting any privileges (and I know what I’m talking about, believe me), see Katzav’s story.

    There are lot of misconceptions about Israel. About Israelis, too. A lot of these are changed in a live meeting.

    • Richard Silverstein April 25, 2011, 12:08 PM

      I don’t think most of what you said substantially contradicts what I said, though you emphasized a point that I think I alluded to, but should’ve made more clear. Yes, the media titans would be participating in this attempt to cover up a possible crime. And yes, Even is prob. not as rich or powerful as I made him out to be. But the point is that he is a figure being protected for some reason & doesn’t deserve to be.

      Thanks for adding yr perspective. I appreciate the nuances regarding Israeli society you’ve added to the debate.

    • duck April 25, 2011, 1:17 PM

      “richest/influential people in Israel are not getting any privileges”

      Hehe. Seriously.

      • o.d. April 25, 2011, 4:31 PM

        Omri Sharon, Ofer Glazer, David Appel, Moshe Katsav, Avraham Hircshsone, Dudu Topaz. Just few names that comes to my mind.

        In fact, I can’t think of anyone in the era we are living in that can avoid the law just because of his connections.

        Unless you consider “privileges” as other things, like a nice treatment in a restaurant and getting in to a party without standing in line. When it comes to the real, important things, serious things, then no one is impressed by your richness, nor your fame.

        There is no immunity that comes with the money and when you are arrested by the police no one there will treat you different if your father is a known person.

        sorry for my lousy english, damn.

        Richard, about putting a gap on a story, it is commonly done in order to make everything feel silent, usually the police ask for the gag, to make the suspects do things that will help the police frame them, like in the case of the lately attack in Tel Aviv. I think this is what happened here too, but what do I know.

        • o.d. April 25, 2011, 4:34 PM

          Gag, there.

        • duck April 25, 2011, 7:18 PM

          The really powerful people don’t get arrested. Privileges is israel pressuring egypt to cheapen gas for Yossi Miamon. Or israel having Tshuva in every Knesset meeting he finds important to his interests. Or israel allowing Lev Leviev to do every kind of foul deed in the west bank. Or even certain high level prisoners having their visits in the warden’s office.

          • o.d. April 26, 2011, 5:33 AM

            I agree with you about this. I wonder, though, about the whole picture reflects from these happenings. We all know that the titans (can i use this cute word?) has lobbyist that moves around the government to benefit their own full-already pockets, but the countries needs these Leviev and Tshuva and Gates and Jobs, no? I use to think that no, we don’t need them, but I don’t want to redeem the capitalist doctrine with the communist one, and I’d rather deal with the bad things that the capitalism brought then to eat potato and salut the national flag.

  • dubi April 25, 2011, 10:10 AM

    If you google the words “unnamed suspect” you will find that withholding the name of a suspect is common in the US, Canada and Britain.

    • Richard Silverstein April 25, 2011, 12:04 PM

      No, sorry, it’s not. Google isn’t the determinant of whether a judicial practice is common or not. If a reporter was under house arrest for rape in the U.S. (as Even was in Israel) his identity would not be “withheld” or gagged.

      I can’t speak for Britain, but certainly not here.

  • S April 25, 2011, 12:46 PM

    When such a powerful TV channel is involved sunshine over the process is vital.

  • yankel April 25, 2011, 1:57 PM

    In cases of crimes of this nature there is a fine balance between the legitimate interests of both parties.
    The alleged offender has a reasonably legitimate interest to keep his name from being forever soiled by the mere accusation (BarLev case comes to mind). Moreover, police in Israel has a notorious reputation of manipulating the media to apply illegitimate pressure on suspects (Lesri brothers re the Re’i Horev case).
    BUT the complainant in such a case has a very substantial interest to get the attention of possible past victims of the same offender (or people familiar with their stories) in the hope of encouraging them to approach the police (or the media) about their experiences. Such potential evidence might significantly substantiate the complainant’s own case (as in Kazav case).

    • Richard Silverstein April 25, 2011, 2:42 PM

      I agree w you. If the victim’s case didn’t seem compelling to me fr materials I’ve read I wouldn’t advocate as strongly as I have against the gag.

    • justaseeker April 27, 2011, 7:41 AM

      Bar Lev case – not “a mere accusation”. It is an event that occurred, and that was corroborated by the complainant’s testimony to more than one party in real time, and by a further complaint by a second complainant once Bar Lev’s name came up in the context.
      It is difficult to impossible to prove rape when drugging is involved, because the victim has difficulty remembering the events (I am referring to the second complainant).
      But I personally think that the complaints are enough to cast a shadow on the man’s credibility, even though it may not be enough for a legal procedure.
      If two women have such serious complaints against a senior police officer, I think the public has a right to know it, and decide whom to believe. Being appointed Chief of Police is not a given right, but depends on certain tests, and this is one of them.

  • TheVoiceOfReason April 25, 2011, 9:33 PM

    Richard, you might have responded to this in your comments, I haven’t read them all.

    I’m personally very much in favor of gag orders, unless there’s a reasonable expectation of imminent harm. I don’t know the details of this particular case (you seem to think you do, hum), but there have been numerous cases of false accusations against men, powerful, prominent and otherwise, where the publicity itself caused them unimaginable harm, including separation from their loved ones, divorce, loss of custody over their children, major loss of income, social ostracism, psychological torture, and even suicide. After the harm is done to the innocent man, there’s no way to correct it, even if a court exonerates him 100%. The damage is done, and people like yourself, who have a strong self-interest to reveal a scoop and gain publicity and exposure to their blog or website, are participants in the harm.

    I think you’re playing with fire, potentially destroying someone’s life. When the Israeli courts, who are generally strongly supportive of rape victims, believe it’s appropriate to place a gag order until the details are clarified, their order should be respected.

    • Richard Silverstein April 26, 2011, 1:20 AM

      There have been numerous cases in which men, powerful men have been accused of rape, there was no gag order, & their cases were adjudicated fairly whether they were found guilty or innocent. There is no reason a democratic society can’t deal with such a case without invoking the specter of secrecy. In a truly open, transparent society secrecy is a last, rather than first resort. Secrecy should only be invoked when there is very good reason to do so. THis isn’t one of those cases.

      Let me take a wild guess: you’re an Israeli man…Readers, note how many words this man expended on the victim in this case. How much thought he devoted to her, to her situation, her predicament, her possible suffering. Not much. Ever wonder why?

      I have no self-interest in revealing a scoop or gaining publicity or exposure for this blog. I don’t earn money from doing this. I don’t even get a good seat in my favorite restaurant. I think you must be thinking of someone else.

      • Ben April 26, 2011, 3:04 AM

        ” have no self-interest in revealing a scoop or gaining publicity or exposure for this blog. I don’t earn money from doing this. I don’t even get a good seat in my favorite restaurant. I think you must be thinking of someone else.”

        is this a joke ?
        the post above this one is a donation request.
        utilizing the exposure this Scoop gave you. you are living in denial.
        “I’m delighted that by the end of today 15,000 visitors will be visiting this site to learn about the charges of rape levelled against Israel’s Channel 2 reporter, Yoav Even”

        • Richard Silverstein April 26, 2011, 12:32 PM

          Asking for support for the work I do is not self-promotion. It is something that every human rights or democracy NGO does. And if you want to engage in snark & be disrespectful of the work I do you’re gonna do it elsewhere. I have a very short attention span & level of tolerance for the likes of you.

          I want people to know about my work for the sake of Israeli society, not for my own personal aggrandizement. If you don’t understand the difference it’s because you’re mean-spirited and acting in bad faith–all qualities that I find offensive.

          So I’m telling you that if you continue in this vein your shelf life here will be exceedingly short. It’s your choice.

      • TheVoiceOfReason April 26, 2011, 5:52 AM

        “There is no reason a democratic society can’t deal with such a case without invoking the specter of secrecy. In a truly open, transparent society secrecy is a last, rather than first resort. Secrecy should only be invoked when there is very good reason to do so.”

        This is one of the most absurd arguments I’ve heard on this topic. The demand for transparency in a democratic society has to do with matters of public interest, such as public policy, political dealings, corporate bids, and the like. It absolutely has nothing to do with exposing an accused man, who, until determined otherwise, is presumed innocent, given the potential of causing him unimaginable harm.

        Would you say that, using your logic, we should also expose the identity of the accuser? If not, what’s the difference? Why do you think it’s ok to ruin the life of an innocent man?

        (Just to be clear, I’m not suggesting that the accuser’s identity should be revealed – I do think it should be revealed if it’s proven that she falsely accused – I’m just showing the absurdity and callousness of your argument).

        • Richard Silverstein April 26, 2011, 12:46 PM

          It absolutely has nothing to do with exposing an accused man

          Precisely wrong. The status of women in Israeli society, whether & how they’re used as objects by men, is a matter of primary import for Israel. Rape is not a private issue or matter. It is a societal scourge. While Even should have individual rights & they should be protected. Society has every right to weigh in when an act of rape is alleged. Protecting women is vital for Israel as a state.

          The identity of the accuser, given the poor status of victims of rape in Israeli society, is another matter. In all societies, rape victims are protected to one degree or another as they are perceived in a special class that needs & deserves such protection.

          Once again, we see here the callousness of the Israeli male to the Israeli female rape victim. He sides with the male suspect & has almost no consideration for the interests of the possible victim.

          • TheVoiceOfReason April 26, 2011, 6:04 PM

            So why do we even need judges? Let’s nominate you, Mr. Silverstein, to decide who’s guilty and who’s not, who’s worthy of protection and who’s not, who should suffer and who should not, and then provide you with enough sticks, matches and lighter fluid to burn on the stake whomever you decide, based on nothing other than your say so, without a trial, evidence, due process, and all the other legal ‘trifles’ you apparently have little regards for, and case closed. Right?

            Just a question for you..

            Hypothetically speaking.. if Mr. Evan commits suicide because of your exposé, and then it turns out he was innocent, would you be able to sleep at night knowing you led him to his death?

          • Richard Silverstein April 26, 2011, 8:43 PM

            The lifting of a gag is not a judgment of guilt. Unlike you I believe in a legal system which can decide who is guilty & who innocent. I also believe that a man charged with a crime who is found innocent can actually resume his life and make a decent contribution to society.

            The crap about burning people at the stake crosses a red line. Read the comment rules about gratuitous insults & ad hominem attacks. Again, if want to rape my ideas by distorting them as you do here you’ll end up in the trash heap of Tikun Olam commenters.

            If Even commits suicide I’ll make a contribution to Arutz Sheva, that’s how unlikely the prospect is. If Swaziland attacks Israel with nuclear weapons will you make a donation to NIF?

        • justaseeker April 27, 2011, 4:07 AM

          “The demand for transparency in a democratic society has to do with matters of public interest”
          Protecting society against criminals is a public issue for rape as well as for all other crimes. When there is suspicion of crime, the dealing with it is a public matter, and that is why it is the state, and not the individual, who prosecutes.
          “Would you say that, using your logic, we should also expose the identity of the accuser? If not, what’s the difference? Why do you think it’s ok to ruin the life of an innocent man?”
          To say this is to equate the accuser and the suspect. While damage to individuals suspected of crime should be minimized until – and unless – they are proven guilty, there is unavoidable damage that must be inflicted on a suspect – for justice to be pursued. That is why people can be arrested, investigated, etc., despite the damage to them – if the suspicion seems reasonable. All this without their having been found guilty – but based on credible evidence. This is part of the justice system.
          On the other hand, there is no reason to cause damage to a victim. A person filing a complaint should be viewed as a likely victim, and their complaint scrutinized for its possible contribution to the pursuit of justice. That is all. Only in the rare case that there is a reasonably based suspicion that an allegation is false should its proponent be treated otherwise – but care should be taken even then, because of the low status of women in society. Rape is so underreported anyway, that any such threat to victims can make matters worse.

          • Richard Silverstein April 27, 2011, 10:06 PM

            You actually can’t identify the accuser in rape cases under Israeli law. This isn’t even a matter of gag or no gag. However, a victim may waive her right to privacy, but only in a court & before a judge.

    • justaseeker April 27, 2011, 4:22 AM

      Of course there’s an expectation of imminent harm!
      Power acting on behalf of the powerful, without public scrutiny.
      The ease and convenience to the legal system of ignoring rape cases when there is no “hard evidence” – and there hardly ever is.
      The difficulty, on the other hand, of pursuing a case based on a victim’s testimony alone, without the public’s interest in the case!
      The seclusion of victims of the same assailant, who dare not speak up, but will speak up if they know their case is one of many, and that their evidence is corroborated by other victims’ testimonies.
      As for the risk of suffering to the accused – that is true for every criminal accusation or suspicion. It needs to be minimised, but cannot be eliminated if justice is to be pursued.
      Finally, there is a more basic harm – we need to remember that freedom of speech is an important civil right. It does not need to be limited only because things said can be damaging to an individual.
      The situation is such that a victim attacked cannot speak against her assailant, and that is a limitation of her freedom of speech – to protect that of the assailant. That doesn’t make sense.

  • justaseeker April 27, 2011, 2:14 AM

    It took me a while to find your blog and the info, despite mentions on the radio of the “episode” etc. – which only goes to show that the gag order is unfortunately effective.
    By naming the suspect, I think you have done a service to women, to Israeli society, and most likely to the suspect himself. If the allegations are true, the man will not be served by continuing to live with his lack of self control or lack of understanding of his actions, injuring others and ultimately paying the price. But that is not our concern here.
    I think a gag order is not justified in the case of a public person and in the case of serious sex crime allegations, both conditions converging here. I want to explain.
    A PUBLIC PERSON is more likely to be hurt by damage to his reputation? I don’t see that. The fact that a person has “more to lose” does not justify defending the person more. See Nathan’s parable on the poor man’s sheep. It is he who has less who deserves protection and regard for the little he has.
    ON THE OTHER HAND a public person is more likely to receive protection and favorable treatment from various authorities. It is therefore essential that investigations of public figures – or those supported by very powerful forces, in this case the Israeli media moguls – be carried on in full sunlight.
    THIS IS ESPECIALLY RELEVANT IN A RAPE ALLEGATION, because of the nature of the crime – it is hard to procure proof, and the police’s decisions (and later the court) will often be based on their impressions, on which side they believe. When power is on one side, it is easier for the investigators etc. to dismiss a victim’s story, by simply not “believing”, or by claiming that it will be too hard to prove. The best panacea against that is exposure to public scrutiny.
    OTHER VICTIMS are also a consideration – only by exposing the person’s name can other victims step up and file complaints. This can help base the charges if they are true, and also shed a different light on the initial victim’s story. In other words, it is very easy to dismiss a single story by a single victim that is “her word against his”. The police will do that whenever a story is hard to prove – all the more so when power is on the other side.
    WHILE THERE IS A PRICE to be paid for the accused person, in case he is innocent – we need to remember that controlling information is an exertion of great power, in this case, acting to protect a possible agressor and to deny a possible victim or victims any reasonable chance of acheiving justice. When weighed toghether – sexual allegations + power are a dangerous combination, enabling sex criminals to carry on their abominable deeds for decades without being pursued. If a victim speaks up, let her at least receive the benefit of public scrutiny for her complaint, for the good of all. The risk of damage to an innocent man’s reputation is a reasonable price to pay here – without it, there is little chance of justice ever being acheived in this case, and there is risk on the other side as well – perpetuation of serious sex crimes against more victims, and lack of justice if the deeds were done in this case.

    • Richard Silverstein April 27, 2011, 10:09 PM

      Thanks for taking the trouble to find this blog & for your support.

      • justaseeker April 28, 2011, 4:05 AM

        Thank you for publishing it. I am glad to be able to converse on this matter, since I feel extremely gagged.
        Yesterday, on prime radio time, Yaron Dekel mentioned the fact of your blog (without specifying your name) being linked to someone’s facebook page – see, I can’t even name her, but he did. Whereupon the correspondent immediately told him that by doing so he probably got her in trouble, since such linking is a violation of the gag order, and she can await a call from the police. The correspondent said this in all seriousness. You wrote on this re the “google” article, but it is not a bizarre consideration, it is a serious intimidation that few but the very brave dare challenge.
        Thank you for posing this mirror in front of our society, and for giving us just a bit of oxygen to breath under this gag.

  • TheVoiceOfReason May 10, 2011, 1:31 PM

    If you have an OUNCE of decency and care ONE IOTA for the truth, you will publish this essay, unlike the other post you refused to publish.

    Here’s a quote from someone, a woman journalist, who claims to be knowledgeable of the case, and she is unequivocal that it’s hogwash. Mind you, she claims to have been the cause for putting TEN sex offenders behind bars – probably ten more than you have.

    Here’s what she writes:

    חשוב לי לציין – הכתב איננו נמנה על חבריי, אינני מכירה אותו כלל, אבל אני מכירה היטב את תיק החקירה, את דעת החוקרים והפרקליטים, והתיק ייסגר או נסגר עקב סעיף של חוסר ראיות. משמע, אין הוכחה לאונס, למרות שהיו יחסי מין בהסכמה בין השניים, ומה שבאמת קרה בחדרי חדרים יודעים רק שניהם.
    כל הסיפור הזה התחיל בעקבות כך שהקרבן לכאורה פרסמה את גרסתה קבל עם ועדה. אגב, פרסום כזה נחשב לשיבוש מהלכי חקירה ואסור על פי חוק, וזו בעיה אחרת לגמרי בפני עצמה.

    אי אפשר ואסור לדון את הכתב החשוד מבלי ששמענו את גרסתו לסיפור. אני יודעת שגרסתו נבדקה בפוליגרף והוא נמצא דובר אמת. זה נכון, זה לא קביל בבית משפט, אבל זו עובדה קיימת.

    בנוסף, המשטרה טוענת שבגרסתה של המתלוננת נמצאו סדקים ובעיות שונות שלא כאן המקום להסבירן, והם אלה שגרמו לחוקרי המשטרה ולפרקליטות לקבל את ההחלטה על סגירת התיק מחוסר ראיות – לא חוסר אשמה. ודי בכך.

    But you, Mr. Silverstein, you are SO SURE that this guy is a rapist, right? You think you have the right to destroy a man’s life, only because some woman SAID that he raped her.

    Perhaps you should think about what she writes further:

    לי, כמו לכל אחד אחר, אין את הכלים או הזכות לומר כי האישה שמגיעה אליי דוברת אמת, ואז להרשות לעצמי לפרסם ולהרוס שמו של אדם. רק אחרי חקירת משטרה, או בשלב החקירה לאחר מעצר, ולאחר שבמשטרה אומרים לי שיש ראיות לכאורה, אני מרשה לעצמי לפרסם.

    לפחות 3 נשים פנו אלי בשבועות האחרונים עם סיפורים על הטרדה מינית. אף אחת מהן לא הסכימה ללכת למשטרה אבל כולן רצו שאפרסם את סיפורן. באחד המקרים גיליתי כי אחת הנשים מבקשת באמצעותי לפגוע באדם בכיר מאוד במשטרה, בשל יחסים שהיו לו איתה והסתיימו.


    כעיתונאית, נדהמתי לקרוא את גזר דין המוות שחרצו טוקבקסטים על הכתב ששמו נאסר לפרסום. כשבית המשפט קובע שיש לאסור את פרסום שמו של אדם כדי לא לגרום לו נזק, קמים טוקבקסטים ובאופן בוטה מפרים את הצו ופוגעים באדם שטרם הועמד לדין וככל שידוע לי גם לא יועמד לדין. הפושעים הם כל אלה שפרסמו שמו ברבים, שהשמיצו ושנקטו עמדה.

    אנשים ! כל אחד מכם יכול אולי יום אחד למצוא את עצמו באותו המקום בדיוק – מאלף סיבות שונות. אנחנו לא מדינה חשוכה הסוקלת בחוצות העיר אדם רק בגלל שמישהו אמר משהו. זכרו כמה אנשים נתלו בכיכר העיר על לא עוול בכפם. התיק נגדם נסגר, אבל שמם הוכפש – כמו למשל העיתונאי אדם שוב: שמו פורסם, והוא אפילו נעצר ולבסוף – להד”ם.


    גם אם יש אדם בישראל שחושב ומאמין שהמתלוננת נגד הכתב דיברה אמת וגרסתה נכונה, הכלי הדמוקרטי המוסמך קבע אחרת. במקרה ויש השגות – ישנן ערכאות אחרות באמצעותן ניתן לערער ולדרוש בדיקה מחודשת. מי שמנו להיות המחליטים?

    היזהרו ,אנשים, כי מה שאתם עושים לחבריכם, יום אחד עלול להיעשות גם לכם.


    • Richard Silverstein May 10, 2011, 10:06 PM

      Look, you think you’re publishing a big scoop. Someone else has already published here Hadas Shtaif’s nonsense, in which she predicted weeks ago the case was already closed. I’ve rebutted in a blog post. I’ve quoted an Israeli journalist about her skills. Did you miss all that?

      Hadas Shtaif knows even less about this case than I do. She’s predicted in 2 diff. articles that the case was closed. And guess what–it isn’t. Shtaif is a middling police reporter with semi-decent police sources but clearly no sources in the prosecutors office, which is the one that makes the call about whether to prosecute. Do you have anything better & more convincing than this? And did you notice how old the material you posted was? Irrelevant.

      And next time you want to publish anything give the author’s name so we can judge the reliability of the source.

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