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Seeking freedom for a rape victim who killed his attacker

Criminal sanctions for rape in Israel amount to a few years in prison at best. Yonatan Heilo – an Ethiopian immigrant and rape victim who lives outside the Israeli consensus – will now spend most of his adult life behind bars. He deserves our moral support despite the court’s blind eye.

By Naama Katiee (translated from Hebrew by Osnat Hadar)

Most sexual assaults are perpetrated by men. Most of the victims are women. When the victims are not women, they are usually children or disadvantaged people.

In 2010 Yonatan Heilo, a 23-year-old Israeli man of Ethiopian descent with no criminal record, killed Yaron Ilin – his two-time rapist – in self defense, a minute before he could rape him yet again. Ilin, a felon convicted of raping an underage girl, blackmailed Heilo and threatened him over a long period of time. Although the court acknowledged Heilo as a victim of sexual assault, he was sentenced to 20 years incarceration for murder. He is currently serving his sentence in Shita Prison in the North, awaiting his appeal hearing, which is scheduled for December 1, 2014. A widespread public campaign for Heilo’s release has been taking place ahead of the hearing.

Contrary to common belief, sexual assaults are not about lust – they are all about exploitation, debasement, humiliation, power and control. Sexual assault is about domination, usually by men. The abusers re-establish their control over space and resources – that is how they identify who is worthless and who is equal to them, who is their “resource” and who is a person. Rape relates to sex the way severe beating relates to hand-shaking: there is no connection.

It becomes more and more evident that the justice system doesn’t know how to handle sexual assault. Its awkwardness, the insensitivity toward the victim, the basic misapprehension of the victim’s mental state – all that brings about the shocking manner in which the system conducts itself. Sometimes it seems that the justice system doesn’t help the victims and only enhances their pain, perpetuating the same balance of power that led to this terrible reality in the first place.

The judge that sentenced Yonatan Heilo to 20 years in prison made some serious mistakes.

The first mistake was saying that defending yourself in case of a rape is allowed only up to a certain point. It is true that rapists don’t deserve to be put to death, but a victim who is confronted by his abuser and defends himself from specific abuse should be tried according to the rule, “kill or be killed.” A rape victim who acts in his own defense, defends himself not only from the immediate assault, but from a lifelong inner death.

The second mistake is the assumption and expectation of the victim to behave as a “reasonable person” and the conclusion that Heilo’s reaction wasn’t proportional. Such a conclusion could be valid if it was a struggle or dispute between equals. The assumption that a rape victim can and should behave as a “reasonable person” is a perverse one. A rape victim, especially a victim of rape and prolonged abuse, is a defeated, humiliated person, physically and mentally wounded, a person who was robbed of his freedom. The symmetry was not distorted when Heilo killed his rapist, it was distorted long before that when Heilo was assaulted, blackmailed and raped. The court which treats Heilo as a “reasonable person,” ignores the fact that the reality of Heilo’s life, which was created and maintained by the abuser and the justice system itself, was unreasonable and disproportionate to begin with.

The third mistake is determining that since Heilo “never complained,” he apparently “didn’t suffer enough” — not enough to justify killing his abuser moments before he could abuse him again. The court expects a rape victim to trust the system to defend him. But Heilo, who saw his abuser roam free, still terrifying the neighbors – even after he was convicted of raping a minor, blackmailing and making threats – could not trust such a system to help him.

The court does not err “just like that.” We’re talking about a fundamental inability to understand and deal with sexual assault, because the whole system is unable to understand the issue and the environment.

Only a few years ago an Israeli court acquitted Shai Dromi, a farmer who was a victim of recurrent thefts. Dromi shot and killed a thief who trespassed his property. In this case, the court accepted his argument that he “feared for his life,” although there was no such immediate threat. In fact, the thieves were not even on his property and he shot them as they were fleeing the scene. The court was able to “understand” a struggle between two powerful people – the landowner and the robber. But the court cannot understand a situation that involves a powerful man and a submissive and humiliated one. The court cannot imagine a situation in which a liberal reality (even an imagined one) of “equality, justice and liberty” does not exist. Heilo does not live in a “normal” reality, but in a no man’s land – he’s a black immigrant, a rape/blackmail/abuse victim who lives outside the social, economic and ethnic consensus. This no-man’s land was created not only by the rapist, but mainly by an indifferent social and governmental system that turns a blind eye. Only those who live in a no-man’s land know that resisting and escaping such a world cannot be done in a reasonable and proportionate way.

While most rapists are incarcerated for a few years at best, Yonatan Heilo will spend most of his adult life behind bars. Why did the judges rule so severely against Heilo? Was it because he killed his abuser? Or may because he decided at that moment to rise up against the terrifying reality – his blackmailing rapist, the impotent system which gave him no hope for change. Yonatan Heilo decided to rescue himself in the most immediate and radical way from the no-man’s land that was created by the system. How can it be that at that precise moment, when the victim decided to take back control, the system chose to intervene? Could it be that the system choses to enter the no-man’s land only when someone tries to escape it?

Yonatan Heilo should be supported by anyone who sees and understands that our reality is not egalitarian, and even terrifying for those who live in the margins of society. But Heilo especially deserves women’s support, because they experience this terrifying reality everyday. A justice system that sentences Yonatan Heilo to 20 years in jail is a system that deserves to exist only in one place – Sodom and Gomorrah.

Naama Katiee is an activist and a member of the organization Amram. This article was first published in Hebrew on Haokets.

Related:
Fragmented testimonies: Shattering the rape taboo
How (or how not) to fight rape culture
In the Congo, rape is a weapon of war

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    1. Pedro X

      Haokets is such a poor source of information. Reading the preamble to the article one gets the sense that the coverage of the matter will be unbalanced and omit essential facts. This is the case here.

      The preamble starts with:

      “Criminal sanctions for rape in Israel amount to a few years in prison at best.”

      This is simply not true. Geol Ratzon received 30 years for multiple rapes. A 50 year old man received 15 years for the rape of a 8 year old child on her way to school.

      http://www.ynetnews.com/articles/0,7340,L-4464187,00.html

      The Yonatan Heilo sentencing happened a year ago and his case comes up for appeal in December, 2014. The severity of the sentencing suggested to me that the judges sentenced Heilo for premeditated murder. However the facts presented by Haokets is one of self defence against serious and imminent harm.

      According to the Ynetnews website reporting on the sentencing in December 2013

      (http://www.ynetnews.com/articles/0,7340,L-4468199,00.html)

      the judges rejected Helios’ claim of self defence. The defendant himself admited having planned a premediated attack on the deceased. Ynet reports:

      “The judges said Heilo had decided to kill Eileen, and had planned the murder, without further provocation.

      Heilo and Eileen met four years prior to the murder. On the night of the murder, in May 2010, Heilo and Eileen started talking, and then the drunk Heilo jumped on Eileen from behind, strangled him, hit him in the head with a brick and then dragged him to a nearby garbage dump.”

      “In the sentencing, the judges said that Heilo had taken advantage of an opportune moment when the victim had his back turned toward Heilo while they were standing at a kiosk.

      “The defendant killed the deceased cruelly: he strangled him, threw a rock at his head, dragged him 35 meters to a dark area and then threw a rock at the deceased’s head a second time.”

      The judges did, however, say that Heilo had justified his actions well. “I wanted to teach him a lesson, but in the end it reached a point where I killed him.”

      These facts found by the judges explain why Helios was not acquitted. The premeditation and the savagery of the killing lead the court to impose a very severe sentence.

      It should be noted that the judges hearing the case accepted Helios claims that he had been abused, threatened and lived in fear of the deceased. The deceased was a thug who extorted money from individuals in the neighborhood and a sexual predator.

      If the appeal court accepts the lower courts facts, the best it can do is to reduce the lengthy sentence, maybe even to time served given the circumstances of the abusive relationship between the men.

      Reply to Comment
    2. Joel

      I hope the defendant’s appeal succeeds.

      Reply to Comment
    3. Joel

      Heilo rid the world of a rat.

      A ten year sentence is just.

      Reply to Comment