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Whatever Happened To Freedom AND Responsibility?

In Sexual Assault on March 31, 2010 at 15:28


Here we are smack in the middle of the one-week Passover holiday- Pesach- The Festival of Freedom. In a celebratory mood, I wanted to bring you a self-defense success story and I found one, not only from Israel, mind you, but right from the holy city of Jerusalem (see below).

As I translated the story  from the Hebrew, I was struck by the awesome courage of the intended victim who fought off an armed attacker with her little children sleeping in the next room. I was inspired by the intervention of her neighbors, who identified the assailant and by the police who rushed to the scene.

However, with all due respect to the defense lawyer, what kind of a legal system declares someone “not responsible for their actions” due to being drunk??? How drunk could he have been? He had the foresight to ensure that his intended victim was alone, to put on a stocking mask— not something most men keep in their pockets “just in case”— and bring along a box cutter— what “box” was he planning to open  in his neighbor’s apartment?

The Passover story and freedom. There in the presence of the powerful Pharoah, King of Egypt, stands the shepherd Moses (sounding remarkably like Charlton Heston) quoting God: “Shlach et ami…” Let my people go!”… And that’s where they choose to close the book and have another cup of wine– To Freedom!

But that is only half of the quotation. The quotation is not ” Shlach et ami…”; it is “Shlach et ami v’yavduni.” “Let my people go SO THEY MAY SERVE ME.” Freedom, yes, but for a purpose.  Freedom and responsibility go hand-in- hand. In our society, we allow people to drink. We allow them to drink to excess- even though we all know that the disinhibiting effects of alcohol make us more likely to do stupid, risky and harmful things. It makes sense that we not hold people responsible for what they might do, but rather for what they do.  “I was drunk” might excuse someone for slipping on the stairs and breaking a favorite vase but since when can: “I was drunk” be used to excuse someone for committing a violent crime? You were drunk? And who was responsible for THAT??? And, if someone was in control enough to time his attack,  disguise himself and brings along a weapon, how drunk could he have been???

A deep bow to the 23 year-old Jerusalem mother of two for her heroism, to her neighbors for being what true neighbors should be and to the police for apprehending the suspect and bringing in the evidence to convict him. Let’s hope that our justice system doesn’t let this one get away.

Suspected: He made sure the husband had left, and attempted to rape his neighbor

A Jerusalem Court extended the detention of a resident of the city, who is suspected of entering his neighbor’s apartment at night with a stocking mask and a box cutter, attacking her and trying to rape her.  She shouted, struggled – and fought him off. The suspect’s lawyer argues: “He was drunk”.

YNet

Dec. 8. 2009

Efrat Weiss

The suspected attacker waited for the husband to leave, then went into his neighbor’s apartment with a stocking mask – and tried to rape her at knife point with her two children in the next room. This afternoon (Tuesday) the Jerusalem Magistrate’s Court extended the arrest of the city resident arrested last night on suspicion of trying to rape his neighbor. The investigation continues.

A 36-year-old man was arrested as a result of a night time attack on his neighbor, age 23. According to the woman filing the complaint, the suspect entered her apartment at about 10 o’clock at night wearing a stocking mask and carrying a box cutter, attacked her and tried to rape her. She struggled with him and was lightly injured by the knife, for which she required medical treatment. At the end of the struggle, she managed to fight him off, and he fled the apartment without carrying out his plans. During the course of the entire incident, the victim’s two young children – ages nine months and a year and eight months – were in the next room.

Neighbors who heard the screams of the young woman called the police. The police arrived at the scene and began to search for the attacker. The woman could not identify the attacker due to his stocking mask , but neighbors that saw him remove the mask reported him to the police, and he was arrested. During a search conducted in his apartment the knife was also found.

According to Sergeant Major Maya Yosipov, investigator of violent sexual offenses, the suspect confessed this morning and admitted that he planned the attack after the husband left fifteen minutes before, when he realized that his wife was alone at home. In response,  the suspect’s lawyer, Ariel Atari, said: “According to the evidence, my client was drunk that night. Therefore, it is doubtful that he can be held responsible for his actions, even if they occurred.” Said Sergeant Major Yosipov  “The drunkenness argument contradicts the confession, according to which he planned the event, went up to the apartment, found the door open, and entered the apartment wearing a stocking mask and equipped with a knife.”

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