Adel Haib (43) was acquitted on Monday by the Nazareth District Court of charges of raping an 82-year-old Holocaust survivor in an alleged attack while he was under prison authority supervision after serving a term for the rape of a 70-year-old woman.
Other stories:
In their ruling, the judges said that the prosecution failed to prove that the elderly woman resisted his actions. "The prosecution did not succeed in proving the foundations of the rape offense," the three judges unanimously ruled. "It was not proven that the accused raped the complainant without her consent, it was not proven that the complainant repeatedly said 'no, no,' nor was it proven that the complainant displayed any kind of passive resistance."
"I am shocked by the decision, what will happen the day after? I do not understand how three judges acquitted him of the rape of a Holocaust survivor," attorney Dorit Ben Avraham, who represented the elderly victim, said. "We are talking about an 82-year-old woman who has lived a difficult life. Even if the relationship began consensually - and it certainly did not - the accused was required to stop, the second the woman objects. For me and for all the future victims, this is a dark day. The victim has been living with intense anxiety since the incident, she said.
The defendant was represented by Fathi Fukra from the Public Defender's Office, who said his client had suffered mental and emotional abuse for over a year. "From the very beginning, he denied all the allegations and claimed that it was a consensual relationship without any wrongdoing. We are grateful to the court for making a correct and brave decision. My client is expecting to be released in the coming days without any conditions or restrictions. His life has been ruined by the investigation, charges, and publicity in all media outlets."
The prosecutors in the case said they believed the woman's version of events.
Upon hearing the news, the elderly survivor of the Holocaust said she was terrified. "I don't understand why he was acquitted. I know he will come after me and I fear for my life," she said. "He will do this again. It was a miracle that I survived this nightmare. I am afraid he will come back to kill me and know for a fact that he will do this to others," she said.
According to the police investigation, in July 2022, Haib met the Holocaust survivor on the street and complimented her on her appearance. A conversation began between the two, and after he presented himself as a handyman the woman invited him to her home to show him something she wanted to repare. Once they entered the home, he pushed her into the bedroom and brutally attacked and raped her. She was bruised, bleeding heavily, and was rushed to Ziv Medical Center in Safed, where she required emergency surgery.
"At first, she was ashamed to share what happened to her," the investigating officer said. "It was only after the social worker talked to her that she understood what happened and called us. The elderly woman was in real danger of losing her life due to blood loss. When I took down her testimony, she described how he attacked her 'like an animal'."
"This is a very, very difficult case, one of the most difficult I've encountered regarding sexual offenses. If the woman had not gone to the hospital, she might not have survived the injuries," the police investigator said. Haib had provided the police with different versions of the event in his statements, one of which claimed that the woman invited him to her home for sexual services. This version was rejected by the police, and the prosecution charged him with rape.
Haib had previously been convicted of rape of a woman in her 70s, who suffered physical injuries when she was attacked. She also described his "animal behavior" to investigators. He was released six months prior to the latest incident and was under supervision. In total, he had served 14 years in prison for various offenses.