The whirlwind of facts and suspects in the Eilat rape case has left many lost in understanding where things stand and what is next.While the dust has not yet settled, it seems that the focus in the case has shifted from around 30 suspects to slightly under 20, and now down to 11 who are expected to be indicted.Of the 11, leaks indicate that five will be indicted for rape as early as this weekend.There are only leaks and fewer concrete details, let alone names at this point, because three of those expected to be indicted for rape are minors, so there is a gag order on much of the case.From the leaks, it appears that two of the three minors are 17-year-olds twins and the third minor was initially released and then rearrested.The circumstances of his release and re-arrest are still a mystery.Two others of those expected to be indicted are age 27.The other six suspects who might be indicted could be for a range of more minor crimes, such as actively facilitating the crime or failure to prevent the crime.If indicted, these six will likely be charged at a later date than the five at the center of the probe.From these four groups: adults accused of rape, minors accused of rape, adults accused of minor crimes, minors accused of minor crimes – there will likely be four categories of sentences if they are convicted.The maximum sentence for rape for an adult is 20 years, but courts often give sentences below the maximum for a variety of crimes.Raping a minor would tend to make a court lean toward the maximum sentence, especially a gang style rape which captured headlines and has drawn national cries, for sending a clear zero tolerance message.Minors who rape a minor in general would get greater leniency, but might not in these circumstances, especially 17-year-old minors who are close to the age of being treated legally as a grown-up.Although the Ashkelon Magistrate’s Court in the case wanted to let the two 17-year-old minors go to house arrest pending their indictment because they have no prior criminal record, the police have appealed this.Further, the later trial judge who decides sentencing may take a more severe view.Those suspects eventually indicted for failure to prevent a felony face a maximum of only two years in prison.Indictments for failure to prevent a crime are rare in Israel and don’t even exist in some countries where an affirmative criminal act is required.There is a strong chance that these suspects will get less than two years and they may even escape jail time in favor of community service.Some of these six are also minors which may get them even greater leniency.Their fate depends on whether the eventual trial court believes the main message will be sent by treating the rapists harshly or whether those who did not stop the crime must also be treated more harshly than usual.
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