Source: (2013) Women's Rights Law Reporter. 34(4):303-357.

The Israeli court system hears what seems to be an endless stream of domestic-abuse cases, including those dealing with the heinous crime of incest. While every case is shocking, the most painful are those brought by women who were abused as children and - for whatever reason - were unable to complain to the relevant authorities or file suit at the time of the events.I How can these women receive a just trial years later? 2 How can they be awarded appropriate civil damages to compensate them for the damage incurred? This article focuses on these questions, with the goal of using constitutional principles to create a new basis for the compensation of these individuals. In the last section, I propose the establishment of a new constitutional offense, based on the injury to the victim's human dignity. Today, I enjoy the fruits of the constitutional revolution, and should work to improve the lot of the adult victims of childhood incest before the High Court of Justice chooses to narrow its sphere of activity. I begin with a discussion of recent developments in the status of the victim in the criminal process, both in Israel and around the world. The significant change in the perception of victims' rights is crucial for my claim that the Israeli legal system is now ready to recognize a broader basis for the compensation of adult victims of childhood incest. A broad-based approach, divorced from the "criminal" understanding of the victim's status, is likely to be disconnected from reality and to be less than successful. (excerpt)