Content warning: This article discusses sensitive topics such as sexual assault.
Menahem Alkalai, a senior urogynecologist, was sentenced by the Tel Aviv District Court on Thursday morning to 14 years in prison after being unanimously convicted of 10 counts of rape by deception against nine patients over more than eight years.
The offenses were committed by the 71-year-old man between 2013 and 2021 against women who were between 23 and 66 at the time. The court found that Alkalai had presented the sexual acts as part of legitimate medical examinations or treatment.
The court also imposed a two-year suspended sentence, effective for three years after his release, and ordered Alkalai to pay a total of NIS 920,000 in compensation.
It recommended that the Health Ministry regulate the presence of chaperones during gynecological examinations, beyond the current voluntary arrangement, to help prevent similar assaults.
Senior Judge Yaron Levy, writing for the unanimous panel with Judges Ilan Zur and Tamar Snunit-Forer, wrote that Alkalai “exploited his position as an expert physician, and the setting of the medical examination, for sexual contact. Specifically, he deliberately massaged the clitoris of each of the nine complainants with prolonged, continuous and focused movements while inserting his fingers into their vaginas, without their informed consent and while falsely presenting the acts as a legitimate medical procedure.”
Levy added that before beginning his actions, Alkalai had told some of the complainants that he intended to massage their clitorises, while making other remarks of a sexual nature to others. As a result of his actions, some of the complainants experienced sexual arousal, and some experienced orgasm.
Victims suffered profound harm to their sense of safety and security, court finds
Victim-impact reports concerning seven of the nine women painted a “harsh and complex” picture of harm extending to “almost every aspect and level” of their lives. Above all, the court noted, their sense of security and safety had been harmed at a “fundamental and deep level.”
Most avoid treatment providers, particularly gynecologists and male doctors, and some avoid medical care in ways that could endanger their health, the reports showed. When they do seek treatment, they are more suspicious and on guard.
They also struggle with feelings of guilt, fear, anxiety, and shame. Many experienced reduced daily functioning that harmed their professional or educational progress.
Assaults affected victims' parenting, relationships, and sense of safety
The reports added that the assaults had damaged some of the women’s sense of competence as parents. As mothers of daughters, they felt a heightened sense of danger and took steps they believed would protect their children, such as ensuring that they saw only female gynecologists. Some also experienced harm to their intimate relationships with their partners.
Some had still not entered treatment, fearing that confronting the trauma and reopening the wound would disrupt their lives. Even for those who had begun treatment, the reports noted, “the road to rehabilitation remains long.”
Alkalai’s defense submitted recommendation letters he had received for positions for which he had applied, letters from senior figures in the medical field and former military commanders attesting to his “positive character,” and thank-you letters from former patients.
The prosecution sought a 17-year prison sentence. Prosecutor Meital Mor noted that police questioned Alkalai in 2019 about conduct that later formed the fourth count, but he went on to commit offenses against three more patients in 2020 and 2021.
Judge highlights patients' vulnerability and breach of trust during gynecological examinations
Levy cited retired Supreme Court justice Mishael Cheshin, who wrote about rape in a 2000 ruling: “The self is trampled, the soul is wounded, freedom is violated, the autonomy of the will is diminished, and dignity is crushed.”
Levy further noted that during a gynecological examination, a patient is at her most vulnerable and places complete trust in the doctor. Her trust in the integrity of the examination, he wrote, is essential and “the only shield against harm to her.”
Attorneys Tami Kalenberg-Levy, Likol Tamsut and Lihi Gutman, who represented three of the victims through the Justice Ministry’s Legal Aid Department, said: “We had the privilege of representing three of the nine victims, impressive and strong women who insisted on their right to have their voices heard.
“Despite the years that have passed, an indictment was filed, and a difficult proceeding was conducted, during which they were required to testify at length. Today, it concluded with a resounding sentence.
“The court reinforced the important message it sent in its verdict: Women must be protected in the sensitive and exposed setting of a medical examination, and anyone who exploits such a sensitive and vulnerable situation will face the full severity of the law.”