The Tel Aviv Prosecution announced that no criminal basis was found for the charges of rape in the case of the sex scandal at the Allenby 40 nightclub that was caught on camera, as they were unable to prove that the complainant was “intoxicated enough”. The complainant: “A grave injustice.”

Case closed, suspects found not guilty

Case closed, suspects found not guilty Photo Credit: Channel 2 News

The Tel Aviv District Prosecution informed the suspects in the Allenby 40 affair that the case against them is being closed due to lack of guilt. The prosecution also informed the complainant of the decision, who claimed that this was a grave injustice against her.

“I am very angry at the decision,” the complainant stated this evening. “I am not filing a complaint only on my behalf, but also in the name of other girls who came to me and said that they too wanted to complain but were afraid.” Attorney Eyal Ohayon, who represents the complainant, stated in response: “The prosecution’s response, according to which it has been decided not to criminally charge the owners of the club, causes further and serious harm to my client, and in my view could harm all of Israeli society, as there is no doubt that in this incident all moral standards have been crudely violated.”

“All moral standards have been crudely violated.” Photo Credit: GPO / Channel 2 News

Several charges were investigated as part of the affair, including rape, indecent assault in a situation where the complainant’s free consent could not be attained due to intoxication, the leading of an individual to an act of prostitution, and the organization of an abominable display. The prosecution reported that various individuals who were at the nightclub during the evening of the incident were investigated in order to see whether the acts constituted criminal offenses.

With regards to the allegations of rape, the prosecution determined that it was impossible to prove that at any point in the evening the complainant was intoxicated to the extent that she could not give her free consent to commit sexual acts, as the law requires, and so the suspects were found not guilty.

A protest in front of the nightclub. Archives

A protest in front of the nightclub. Archives Photo Credit: Ezri Amram, Channel 2 News

Attorney Lior Epstein, who represents the club owners, stated in response: “Upon receiving the announcement regarding the closing of the case due to lack of guilt, it is important to remember that we cannot allow criminal law to replace public debate, and we cannot allow public debate to distort and obscure criminal law.”

The affair was exposed last September, when videos documenting the evening of the incident at the Allenby 40 nightclub in Tel Aviv were revealed. In the videos, the complainant is seen stepping onto the bar, undressing and having sexual intercourse with several men. The complainant later claimed in an interview for Channel 2 News that she was not sane at the time, and therefore could not give her free consent for the acts.