Supreme Court Reduced Aryeh Rubin’s Prison Sentence to Three Years
The Supreme Court of Israel accepted Aryeh Rubin’s appeal concerning the severity of the sentence imposed on him for committing indecent acts against a minor while exploiting a relationship of dependency. His actual prison sentence was reduced from four years to three due to the serious deterioration in his health.
Key facts
- •Case: ע"פ 1831/07
- •Court: Supreme Court of Israel
- •Decision date: 7.11.2007
- •Actual imprisonment: reduced from 4 to 3 years
- •Compensation to the complainant: NIS 30,000
- •Basis of the charge: Section 348(d)(1) of the Penal Law
The Charge
Rubin, born in 1952, pleaded guilty under Section 348(d)(1) of the Penal Law. The complainant met him when she was 10 years old; the court determined that, over time, she developed an emotional and financial dependency on him. After the girl turned 16, Rubin committed acts of a sexual nature against her on three occasions, exploiting this dependency.
The Original Sentence
The Tel Aviv District Court sentenced Rubin, in case תפ"ח 1230/04, to four years’ actual imprisonment, one year’s suspended imprisonment, and payment of NIS 30,000 in compensation to the complainant. The court found the acts extremely serious, particularly in view of the substantial age difference, the girl’s financial circumstances, her father’s absence from her life, and the lasting psychological harm she suffered.
Arguments on Appeal
The defense argued that the maximum sentence prescribed by law—four years’ imprisonment—was excessive, citing the guilty plea, the absence of prior convictions, his personal circumstances, and the numerous serious illnesses from which Rubin suffered. After the appeal was heard, his condition deteriorated further: he lost consciousness and was hospitalized because of a serious inflammatory disease of the brain. The Israel Prison Service Medical Department reported that he was a chronically ill patient in serious condition, but that he could receive the necessary treatment within the prison medical system.
The Supreme Court’s Decision
The court emphasized that Rubin’s acts were highly serious and that actual imprisonment was justified. Nevertheless, the further serious deterioration in his health after sentencing made it possible not to impose the full severity of the sentence upon him. The appeal was accepted, and the prison sentence was reduced to three years, while the suspended sentence and compensation remained unchanged; the Israel Prison Service was instructed to ensure the necessary conditions and medical monitoring.
What this means for you
The decision demonstrates that a serious medical condition may affect the length of imprisonment, but does not in itself preclude the imposition of actual imprisonment for serious sexual offenses. In addition, the prison system is required to accommodate the prisoner’s medical needs and ensure appropriate monitoring and treatment.
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