3. Similarities and differences in terminology
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3. Similarities and differences in terminology Start Comparison
3.1 Domestic violence
Not defined. However, it is covered specifically in relation to sex offenses in Article 5 of Chapter 10 of the Penal Law, 5737-1977 ("Penal Law").
3.2 Stalking
Set out in Article 5(A)(3) of the Prevention of Threatening Harassment Law, 5762-2001, stalking is referred to as stalking the victim, ambushing them, tracing their movements or actions or harming their privacy in any other way.
3.3 Harassment

Set out in Article 2(A) and (B) of the Prevention of Threatening Harassment Law, 5762-2001:

Harassment is the harassment of another person by any means or the taking of threats against them, in circumstances that provide a reasonable basis to assume that the harassing or threatening person may return to harm the peace of life, privacy or liberty of the person or that they may harm their body.

Without derogating from the provisions of subsection (a), threatening harassment of a person may include, among others, one of the following:

  1. in the pursuit of his movements or actions, or in violation of his privacy in any other manner
  2. taking threats of harm to them or threatening themselves
  3. contacting them orally, in writing or by any other means
  4. damaging their property, reputation or freedom of movement
  5. in the practice of guarding a condominium in violation of the provisions of the Restriction of Hostage Services Law, 5769-2008

Sexual harassment, as set out in the Prevention of Sexual Harassment Law, 5758-1998, is any one of the following acts:

  1. extortion by threat, within the meaning thereof in Section 428 of the Penal Law, when the act that the person is required to perform is of a sexual nature
  2. indecent acts, within their meaning in Sections 348 and 349 of the Penal Law
  3. repeated propositions of a sexual nature, addressed to a person who has demonstrated to the harasser that they are not interested in the said propositions
  4. repeated references addressed to a person and focused on his sexuality, when that person has demonstrated to the harasser that they are not interested in the said references
  5. an insulting or debasing reference to a person in connection with their gender or sexuality, including their sexual preference
  6. propositions or references as referred to in paragraphs (3) or (4), addressed to one of the persons enumerated in subparagraphs (a) to (c) under circumstances specified in those subparagraphs, even if the harassed person has not demonstrated to the harasser that they are not interested in the said propositions or references:
  1. toward a minor or helpless person, by exploiting a disciplinary, educational or treatment relationship
  2. toward a patient within the framework of psychological or medical treatment, by exploiting the patient's dependence on the person treating him
  3. toward an employee within the framework of an employment relationship, and toward a person in service within the framework of such service, by exploitation of authority and discipline in labor relations or in the service
3.4 Victim
Not defined.
3.5 Abuser
"Offender" is defined in the Prevention of Threatening Harassment Law, 5762-2001 as a person who has taken threatening harassment or meets one of the conditions specified in Section 4 (b) (1) or (2).
3.6 Civil protection order

A protection order is defined in Section 2 of the Prevention of Domestic/Family Violence Law, 5751-1991 as a court order prohibiting a person from doing all or some of the following acts:

  1. enter the dwelling where the family member resides or be found within a certain distance of such dwelling, notwithstanding that he has any right therein
  2. harass a family member in any manner and at any place
  3. act in any way which prevents or hinders the use of an asset lawfully in use by a family member, notwithstanding that they have any right to the asset
  4. carry or possess a weapon, including a weapon given to him by the Israel Defense Forces or by any other State agency
3.7 Causes of action
Not defined.
3.8 Marital rape

Rape is defined in Article 5 (Sex Offences) of the Penal Law, Section 345:

If a person had intercourse with a woman —

  1. without her freely given consent;
  2. with the woman's consent, which was obtained by deceit in respect of the identity of the person or the nature of the act;
  3. when the woman is a minor below age 14, even with her consent;
  4. by exploiting the woman's state of unconsciousness or other condition that prevents her from giving her free consent;
  5. by exploiting the fact that she is mentally ill or deficient, if — because of her illness or mental deficiency — her consent to intercourse did not constitute free consent.

then he committed rape […]

Marital rape was confirmed to be a crime of the same nature in a decision by the Supreme Court in 1980, citing law based on the Talmud.
3.9 Are there any other important domestic violence terms defined in relevant domestic violence statutes and codes?

Sex offense

This means an offense pursuant to Article 5 of Chapter 10 of the Penal Law. This section covers rape, forbidden intercourse by consent, sodomy, sexual relations between a provider of mental health treatment and a patient, indecent acts and sex offenses within the family and by persons responsible for vulnerable persons.

Indecent act

For the purposes of Article 348 (indecent act) of the Penal Law, it is defined as an act for sexual arousal, satisfaction or abasement.

Helpless person

For the purposes of Article 351 (sex offenses within the family and by persons responsible for helpless persons) of the Penal Law, it is defined as a person who because of his age, illness or physical or mental infirmity, mental deficiency or any other cause, cannot provide the needs of his livelihood, health or welfare.