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Sexual Assault Laws

An abridged set of Jewish laws in English focusing only on laws of Sexual Assault. This code aims to be as comprehensives as the Shulchan Aruch and is intended to be easily understood and implemented by both the general Jewish population and the courts.

Section I: Definition of Sexual Assault

  1. General Definition: Sexual assault is any sexual act conducted without the explicit, informed, and ongoing consent of both parties involved. (Sources: Shulchan Aruch, Even HaEzer 25:1, Rambam Hilchot Issurei Biah 1:4)

  2. Children and Minors: Sexual relations with children who are minors are strictly prohibited, as they cannot give informed consent. (Sources: Shulchan Aruch, Yoreh De'ah 305:10, Rambam Hilchot Ishut 2:9)

  3. Consent under Duress: Consent given under threat or duress is not considered valid. (Sources: Rambam Hilchot Chovel u-Mazzik 8:10, Shulchan Aruch, Choshen Mishpat 421:13)

Section II: Reporting and Witnessing

  1. Obligation to Report: Anyone who has witnessed a sexual assault has an obligation to report it to the appropriate religious and legal authorities. (Sources: Shulchan Aruch, Choshen Mishpat 426:1, Rambam Hilchot Rotze'ach 1:14)

  2. Witness Credibility: A minimum of two kosher witnesses are generally required for most legal proceedings, but under certain circumstances, other forms of evidence may be considered. (Sources: Shulchan Aruch, Choshen Mishpat 30:1-3, Rambam Hilchot Edut 3:1)

Section III: Legal Proceedings

  1. Bet Din Involvement: All cases should be brought before a qualified Bet Din (rabbinical court) for adjudication, following the procedures set by Halacha. (Sources: Shulchan Aruch, Choshen Mishpat 1:1, Rambam Hilchot Sanhedrin 1:1)

  2. Civil Authorities: Depending on the circumstances and jurisdiction, it may also be an obligation to report the case to civil authorities. (Sources: Rambam, Hilchot Melachim 4:9, Shulchan Aruch, Choshen Mishpat 388:12)

Section IV: Penalties and Reparations

  1. Monetary Compensation: A perpetrator may be obligated to pay monetary compensation for damages, physical or emotional, in accordance with Halachic principles. (Sources: Shulchan Aruch, Choshen Mishpat 420:32, Rambam, Hilchot Chovel u-Mazzik 5:1)

  2. Excommunication: In extreme cases, the Bet Din may place the perpetrator in herem (excommunication) as a protective measure for the community. (Sources: Rambam, Hilchot Talmud Torah 6:14, Shulchan Aruch, Yoreh De'ah 334:43)

  3. Incarceration: Though traditional Jewish law does not have a concept of prison as punishment, contemporary poskim have discussed the permissibility of referring the perpetrator to civil authorities for imprisonment. (Sources: Rambam, Hilchot Chovel u-Mazzik 8:9, Shulchan Aruch, Choshen Mishpat 388:7)

Section V: Treatment and Rehabilitation

  1. For the Victim: Halacha emphasizes the importance of caring for the emotional and physical well-being of the victim. Consultation with medical professionals is strongly advised. (Sources: Rambam, Hilchot De'ot 4:1, Shulchan Aruch, Yoreh De'ah 336:1)

  2. For the Perpetrator: Repentance and Teshuva are critical but do not absolve one from legal penalties or the obligation to make reparations. Professional help, such as counseling or therapy, may also be advisable. (Sources: Rambam, Hilchot Teshuva 2:1, Shulchan Aruch, Orach Chaim 606:1)

Section VI: Community Responsibility

  1. Education: Communities are encouraged to educate members about the importance of consent and the gravity of sexual assault. (Sources: Rambam, Hilchot Talmud Torah 1:1, Shulchan Aruch, Yoreh De'ah 245:1)

  2. Support Systems: Congregations and community organizations should have systems in place to support victims and guide them through the Halachic and legal process. (Sources: Shulchan Aruch, Yoreh De'ah 251:10, Rambam, Hilchot Aveil 14:1)

Section VII: Confidentiality and Slander

  1. Confidentiality: The privacy of the victim should be safeguarded at all costs, in accordance with Halachic principles concerning lashon hara (slanderous speech). (Sources: Rambam, Hilchot De'ot 7:2, Shulchan Aruch, Choshen Mishpat 19:1)

  2. False Accusations: Making a false accusation of sexual assault is a grave offense, and the accuser could be subject to penalties, both Halachic and legal. (Sources: Rambam, Hilchot Edut 18:1, Shulchan Aruch, Choshen Mishpat 28:3)

Section VIII: Role of the Spouse

  1. Marital Assault: Sexual assault within the confines of marriage is prohibited. A spouse does not have the right to coerce or force sexual relations. (Sources: Shulchan Aruch, Even HaEzer 25:2, Rambam, Hilchot Ishut 15:19)

  2. Obligation of Spouse: A spouse who is aware of the assault has the same reporting obligations as any other witness. (Sources: Shulchan Aruch, Choshen Mishpat 426:1, Rambam, Hilchot Rotze'ach 1:14)

Section IX: Special Circumstances

  1. Status of Convert or Freed Slave: The law is equally applied to converts and freed slaves, in accordance with the principle that "You shall have one law for the stranger and the citizen" (Vayikra 24:22). (Sources: Rambam, Hilchot Issurei Biah 12:17, Shulchan Aruch, Even HaEzer 4:19)

  2. Role of Rabbinical Counselors: Rabbinical counselors must adhere to the laws and ethics of confidentiality and mandatory reporting. (Sources: Shulchan Aruch, Yoreh De'ah 334:48, Rambam, Hilchot Sanhedrin 22:1)

This marks the initial compilation of this abridged set of laws on the issue of sexual assault. It serves as a foundational document for further study and application, needing thorough review by learned and qualified Halachic authorities for further refinement and endorsement.