IDF officer demoted over sexual harassment incident

A special military court on Thursday demoted former IDF Givati Brigade officer Lt. Col. Liran Hajbi, who in March was convicted of conduct unbecoming an officer in a sexual harassment case, to the rank of major. The court ruled that given the nature of the case, the demotion was "unavoidable."

Hajbi, the former commander of the Tzabar Battalion, was also given a two-month suspended sentence and ordered to pay 5,000 shekels ($1,300) in damages to the female subordinate he had harassed, May Fatal.

Hajbi had originally signed a plea bargain with the military prosecution, effectively admitting to five counts of conduct unbecoming an officer with regards to two female subordinates. As part of the plea, he was dismissed from service after 18 years, with no criminal record.

Vexed by the plea, which she called "humiliating," Fatal decided to go public, demanding the military revise Hajbi's sentence.

Military Judge Col. Orly Markman, who presided over the sentencing hearing, said, "The circumstances of this case involve five incidents of unbecoming conduct of a sexual nature. These offenses transpired over time and involved two young female soldiers, who were the defendant's direct subordinates.

"As for the indictment, while it has been made clear that the defendant ceased his advances once the complainant made it clear they were unwelcome, he eventually resumed them despite her expressed objection. Even if the complainant had not rejected the defendant's advances, given the relationship of authority he had over her, he should have refrained from such conduct altogether," she said.

Markman noted that despite Hajbi's dismissal from the military, the court found "the demotion is unavoidable. Nevertheless, given the conviction's affect on the defendant, the fact he had accepted responsibility for his actions, and especially given his contribution to state security, the court believes the demotion should be limited to one rank."

Speaking to reporters after his sentencing, Hajbi said, "This case goes beyond me. This is a much more complex incident and various interested parties are involved. In this war the bullets are going through me. The most important thing I have to say is that my wife, who knows every detail, stands by me. When the time is right, I'll speak out."

Chief Military Defender Col. Asher Halperin, who represented Hajbi, said his client's trial "ended in a proper manner. He was convicted only of conduct unbecoming an officer, without jail time, and without a criminal record, but with a demotion and a suspended sentence. The attempt to portray this incident as more serious than it really was harmed his case, and I believe it harmed the complainant as well."

Fatal did not attend the sentencing hearing. Her attorney, Roni Aloni-Sadovnik, said Fatal and her family "preferred to stay home. This is very difficult for them. It's not easy to face the IDF and its troops."

Aloni-Sadovnik noted the sentence "was balanced. We also think [Hajbi] is a hero, there is no disputing that, but even a hero must control his urges."

Chief Military Prosecutor Col. Udi Ben-Eliezer said that given the nature of Hajbi's actions he had to be demoted, adding the sentence "is a proper representation of the message the military is trying to convey -- it will not tolerate sexual offenses in its ranks."

טעינו? נתקן! אם מצאתם טעות בכתבה, נשמח שתשתפו אותנו