Israeli government rewrites controversial DV clause
March 20, 2017 1 comment
The Israeli Justice Ministry had rewritten a controversial policy which meant that women who made false claims of domestic violence or abuse faced no penalties.
Prosecution Instruction 2.5 is formally known as “Policy regarding launching investigation and filing charges on suspicion of giving false or contradictory statements or testimony during an investigation or trial, and for refusal to testify.”
In its previous form, the instruction stated that while making false allegations was a serious offence in other areas of the law, people who make claims of domestic violence or sexual assault that they later recant or contradict should not prosecuted. It made no distinction, Arutz Sheva reports, between deliberate false claims and claims withdrawn due to pressure from others.
Instruction 2.5 was widely criticised as effectively encouraging false claims, with some dubbing it ‘the Wife of Potiphar Clause’ after the Biblical character who accused the patriach Jospeh of rape., The Justice Ministry has finally agreed to amend it following more than a decade of campaigning by activists.
In its rewritten form the Instruction now cleary distinguishes maliciously-made false claims from others. It states:
“As a rule, if there is suspicion that a person has purposely made false charges in order to harm another, in the context of a criminal offense, the prosecutor will transfer the matter to police investigation.”
Claims which lead to unjustified but serious consequenes, such as being arrested or the erosion of a man’s relationship with his children, are more likely to result in a police investigation according to the new wording.
Photo of Jerusalem, Israel by premasagar via Flickr
March 20, 2017
Categories: Family Law