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Acquittal Appealed
In Kibbutz Rape Case

Jerusalem (JTA) — The in-
famous Kibbutz Shomrat
rape case, in which six
young men were acquitted of
raping a 14- year-old, took a
new twist when the state
prosecutor appealed to the
Supreme Court to overturn
the verdict.
The incident, which oc-
curred in 1988, received
unusually widespread
coverage in the local media
and prompted a nationwide
debate on a subject that had
long been considered taboo.
In his November 2 verdict,
Haifa District Court Judge
Micha Lindenstrauss said
the prosecution had failed to
prove "beyond a reasonable
doubt" that the girl had not
consented to have sex with
the defendants.
The judge noted that the
girl's testimony was at times
inconsistent, and that she
did not immediately tell her
parents about the incident.
Another consideration, he
said, was the fact that the
victim did not cry out when
the alleged rape took place.
Following the judge's rul-
ing, which caused a public
outcry, several women's ad-
vocacy groups called for an
appeal on the grounds that
the case had been decided by
one judge rather than three.
Until last year, all cases of
rape, armed robbery and
murder were tried before a
three judge panel.
"All serious crimes should
be heard by three judges,"
Judge Hannah Avnor,
former president of the Tel
Aviv District Court, told the
Jerusalem Post the day after
the verdict.
"Many rape cases are
problematic. The judge faces
the decisive question of
whether the woman con-
sented to have sex. Not
everyone sees things the
same way. That's when
three judges can sit and con-
sult. You weigh the
evidence; you ask what
happened."
In its appeal, the state is
seeking the conviction of the
defendants on charges of
rape, attempted rape, sexual
assault and violent extor-
tion.
In its appeal, the state
said, "The court erred in
that it did not determine
unequivocally that the ac-
tions of the accused were
performed without consent,
and this is given the fact
that we are speaking of a

14 1/2-year-old-girl who was
placed under pressure by
many persons older than
she, who treated her in a
manner that negated her
will."
Upon hearing of the ap-
peal, Yael Eran, executive
director of the Na'amat wo-
men's organization in
Jerusalem, said, "I con-
gratulate the state prosec-
tor's efforts. The original
verdict was a license to go
out and rape. The court must
hand down a ruling that
does not allow men to corn-
mit rape and walk away un-
punished."

Two Help
File Claims

San Francisco (JTA) — A
Dutch journalist and a Ger-
man lawyer, armed with fax
machines and determina-
tion, are racing the clock in
an attempt to help Holocaust
survivors.
Jews who lost property in
the former East Germany
due to the rise of Nazism in
the 1930s have until Dec. 31
to file claims for restitution
but, the two discovered,
many are unaware of the
deadline.
Simon Hammelburg, West
Coast correspondent for
Dutch Radio and Television,
heard about the problem
when a friend visited him in
Los Angeles a few months
ago.
"The (German) authorities
made me believe that every-
one who's eligible knows and
has filed," attorney Ingo
Leetsch had told Mr. Ham-
melburg. "I don't believe it
but I can't substantiate it."
The journalist suggested
they place a couple of small
notices in California's Jew-
ish press, including the Jew-
ish Bulletin, thinking "if we
could help one or two people
before the year ends, they
could open a bottle of cham-
pagne and celebrate."
But since the notices ran
about a month ago, the
phone has not stopped ring-
ing and Mr. Hammelburg
has been inundated with
heartrending stories from all
over the United States.

Mr. Hammelburg, who can
be reached at 310-438-4316,
does not expect the deadline
to be extended.

I