The Criminal Process

In Brief

  1. The criminal process is a legal procedure focused on proving the offender’s guilt and imposing a penalty.
  2. It begins when a complaint is filed with the police, and continues with the Prosecutor’s Office, which decides whether to file an indictment or close the case.
  3. Survivors of sexual offenses have unique rights in the process, which they should know about as early as possible.
  4. Survivors can receive free support from rape crisis centers at any stage of the process.
The Criminal Process

What Is the Criminal Process?

The criminal process is a legal procedure that helps the state protect its citizens. It allows the state to prosecute anyone who breaks the law and impose a suitable penalty.

In this process, the state manages the legal proceedings against the person who committed the offense, using the police, the Prosecutor’s Office, and the courts. People harmed by the offense have a special status in the process, but they do not control it themselves.

The criminal process begins when a complaint is filed with the police, which carries out the investigation. The police then send the case to the Prosecutor’s Office, which decides whether to file an indictment, close the case, or use a conditional arrangement. If an indictment is filed, the case goes to court, where it continues until a conviction or acquittal. The burden of proof in criminal proceedings is high—​​the state must prove that the offense occurred “beyond a reasonable doubt.”


The Criminal Process in Sexual Offenses

Israeli law defines various sexual offenses and sexual harassment offenses for which a complaint can be filed, starting a criminal process against the offender. In certain cases, others who enabled the offense can also be held responsible.

Although the law defines which acts are considered sexual offenses, prosecuting sexual offenses can be challenging because of the high standard of proof and the legal system’s limited understanding of the unique dynamics of sexual violence. While a criminal process can offer recognition of the harm, a sense of justice, and possibly prevent more offenses, it can also be emotionally and practically demanding, cause frustration, and worsen post-traumatic symptoms.

Rape crisis centers across the country provide guidance and support at every stage of the criminal process. Their goal is to bridge gaps and assist anyone who wants help. Support is available from the moment you are deciding whether to file a complaint, right through the end of the trial (and beyond). This support includes information about your options, the implications of each choice, and consideration of the specific circumstances of your case. The centers can also assist in dealing with law enforcement—coordinating a suitable police investigator and finding out the status of the case. If you wish, they can accompany you in person at different stages of the process (filing the complaint, taking part in a confrontation if there is one, going to meetings with the Prosecutor’s Office or court).

In addition to supporting survivors, the centers conduct training for law enforcement agencies to make the criminal process more accessible and better adapted to handle sexual offenses.

In every situation, the decision about what to do and how remains yours. We will never push you toward any particular choice. Our support is available to you at any stage, with no obligation.


Important Things to Know Before Filing a Complaint

  • You are not required to file a complaint immediately after the assault. Filing a complaint soon afterward can sometimes help collect evidence that may not be available later, which can affect the likelihood of an indictment. On the other hand, the criminal process is lengthy and complex. Many people do not have the emotional resources to go through it right after the assault. It is completely normal for the decision to file a complaint to come a long time after the assault. You can read more about the statute of limitations for sexual offenses and how long you can wait before filing a complaint here.

  • Most police stations have a specialized team trained to investigate sexual offenses. You may ask to be questioned by such an investigator, either by yourself at the station or through the crisis center’s accompaniment department, which can coordinate the meeting with a specialized investigator at a time that works for you.

  • By law, you have the right to choose the gender of the officer who questions you.

  • You have the right to be questioned in a private room.

  • You can ask a friend, family member, or a volunteer from the crisis center to be with you throughout the investigation and while giving your statement (as long as that person is not also a witness to the assault).

  • If you file a complaint soon after the assault, you may need to undergo a medical exam at a hospital to collect forensic evidence (for more information, see “Acute Rooms”).

  • If the authorities decide to hold a confrontation between you and the offender (explained later), you can have a volunteer from the crisis center accompany you inside the confrontation room.

  • The investigation takes place at the police station responsible for the area where the assault happened. If you cannot travel there, you can file your complaint and give your statement at the police station closest to where you live.

  • Once you file a complaint, the process is handled by the state’s law enforcement agencies. The police first conduct the investigation (collecting evidence and witness statements). Afterward, the case is transferred to the relevant district prosecutor. The Prosecutor’s Office decides whether to file an indictment against the suspect or close the case. As a victim of the offense, you have the status of a witness, not a prosecutor. The state prosecutes the suspect, and you have a special status as a victim-witness.

  • The statute of limitations for sexual offenses depends on factors like the type of offense, the relationship between survivor and offender, the survivor’s age at the time, and the offender’s age. Generally, the longest statute of limitations applies to offenses committed against minors by a family member or caregiver (currently until age 43 for the survivor as of 2025), and the shortest applies to offenses committed by minors. You can consult crisis center support coordinators about this.


The Police Investigation

  • As part of the investigation, the police will take statements and collect additional evidence.
  • The offender will be called or arrested for questioning. If the offender’s identity is unknown, the police will try to locate a suspect using available methods, such as photo identification, facial composites, or line-ups.
  • The police may arrest or release the suspect, depending on the needs of the investigation.
  • The police might ask you to confront the offender face-to-face. This will only happen if you agree. You can read more about confrontation here.
  • If there are other witnesses who can provide useful information, they will also be asked to give statements.
  • The investigation might last several days, several weeks, or even months. You may be asked to return to the station to give additional statements.
  • When you finish filing the complaint, the police will give you documents, including a confirmation of your complaint. This document shows which offense is being investigated and the case number. Keep this document safe, especially the case number, which allows you to check the status of the case later. You’ll also get access to the computerized system for crime victims, called MaN“A (מערכת מנ”ע). You can log in with the username and password on the document to see updates on the case online.

The Process with the Prosecutor’s Office

  • The police will send the case to the relevant district prosecutor. The Prosecutor’s Office will then decide whether to file an indictment, close the case, or end it with a conditional arrangement.
  • The prosecutor handling your case will review all the evidence collected by the police to decide if it’s sufficient to file an indictment. This stage may happen quickly (for example, if the suspect is in custody, if evidence is seriously lacking, if the case is outdated, or if the suspect can’t be located), but generally it takes longer—several months to up to two years.
  • You may contact the prosecutor to get updates on your case.
  • While the prosecutor is working on the case, you may be asked to come in or speak on the phone to give additional details about the assault, and so the prosecutor can form a personal impression of you.
  • If the prosecutor decides to close the case, you can file an appeal (called an “arar”) with the State Attorney’s Office, though only a small percentage of appeals are successful.
  • In all of these steps, even if you initially filed the complaint on your own, you can turn to rape crisis centers for support and assistance in checking the status of the case with the Prosecutor’s Office.

Court Proceedings

  • If the Prosecutor’s Office files an indictment, the case goes to court. At an early stage, it’s possible a plea bargain will be reached between the prosecutor and the offender’s attorneys, which might eliminate the need for you to testify in court.
  • If there is no plea bargain early on, you will likely be asked to testify in court. Your testimony is a key piece of evidence. The initial questioning is done by the prosecutor (representing the state), followed by cross-examination by the defendant’s lawyers. You will testify before a judge (or judges), the defendant and their lawyers, and the prosecutor. In rare cases, you may be allowed to testify behind a partition or by closed-circuit TV.
  • The offender and other witnesses may also be called to testify.
  • You have the right to attend the court hearings, unless the court or the prosecution believes your presence could interfere with the case. You can attend with a person of your choice, as well as with a rape crisis center volunteer. You are not required to attend hearings except when you are scheduled to testify.
  • At the end of the trial, the court will issue a decision: a judgment (conviction or acquittal) and a sentence if there is a conviction. The defendant can be found guilty, not guilty, or not guilty due to reasonable doubt. Both the prosecution (the State of Israel) and the defense can appeal the verdict or the sentence.

Your Rights as a Crime Victim in the Criminal Process

  • There is no obligation to have your own lawyer in the criminal process, since the state conducts it. However, you can receive legal advice from the state legal aid unit or hire your own attorney to represent your interests.
  • Victims of crime have legally protected rights throughout the criminal process. Here are some key points:

    • You have the right to be protected from the accused or their associates.
    • During the police investigation and your court testimony, the law generally restricts questioning about your sexual history unless a court finds it necessary.
    • Your personal details must be kept confidential.
    • You have the right to receive information about the progress of the criminal process.
    • You have the right to express your views on the sentence at the sentencing phase.
    • You have the right to express your views to the Prosecutor’s Office if a plea bargain is considered.
    • You have the right to express your views to a prison parole board if decisions about temporary leave or early release from prison are made.

For more details about additional rights, visit this page or the Kol-Zchut website.


Media Involvement

In some cases, the criminal process may receive extensive media coverage, or the survivor may choose to approach the media to inform the public about the offense, create public pressure, or gain public support.

It’s important to know that public and media attention can be very powerful and helpful, but it can also be harmful. In some situations, it might worsen or trigger post-traumatic symptoms. The Association of Rape Crisis Centers in Israel (ARCCI) offers media guidance to help clarify your needs and find the right media outlet to meet your goals.

פורסם: 25.02.2025

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