Case Number

CSA 4790/04

Date Decided

5-2-2005

Decision Type

Appellate

Document Type

Full Opinion

Abstract

Facts: The respondent, the manager of the Postmen Department at the Benei Berak branch of the Postal Authority, was charged, before the Civil Service Disciplinary Tribunal, with sexually harassing and victimizing a woman (the complainant) who was working temporarily at the branch. The tribunal found that the respondent promised to ensure the promotion of the complainant, and it found that the respondent had conducted a sexual relationship with the complainant in which full sexual intercourse had taken place. In addition the respondent tried to prevent the complainant making a complaint against him. The tribunal found that an abuse of authority had not been proved, and it acquitted the respondent of the charges concerning sexual harassment and victimization, but it convicted him of unbecoming conduct. After the verdict, the parties reached an arrangement with regard to sentencing, which the tribunal approved, although it said that the agreed sentence was a lenient one. The state subsequently appealed the acquittal of the respondent on the disciplinary offence of sexual harassment.

Held: Conduct that amounts to an "abuse of authority" for the purpose of sexual harassment may take on different forms. It may be express or implied, direct or indirect. An extreme form of this conduct is a direct threat, but in most cases the threat is not made clearly and expressly but in a veiled manner, even though this does not make it any less potent. In other cases, the abuse of authority takes on the form of an express or implied promise of a benefit in employment conditions in return for a sexual favour.

Since the respondent’s power to influence the professional future of the workers was considerable, he held a position of considerable power over the complainant. In addition, the complainant was 22 years of age at the time she began to work at the post office branch and the respondent was approximately twenty years older. This age gap added to the respondent’s control over the complainant. It follows that the complainant’s consent to the sexual acts was given because the respondent abused his authority over her, and therefore it was not a voluntary and genuine consent.

Appeal allowed.

Keywords

Criminal Law -- Offenses

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