Prosecutors Close Rape Case Against Musician Yuval Vilner Due to Lack of Evidence

The Tel Aviv District Prosecutor's Office has decided to close the case against musician Yuval Vilner, 38, who was suspected of raping Shi-Li Atari and sexually assaulting Naama Shahar, citing a lack of evidence. Consequently, no indictment will be filed against him.

Vilner's attorney, Moshe Weiss, welcomed the decision, stating that the truth had emerged and that his client was innocent. Weiss had consistently argued that the case was expected to be dismissed. However, Shi-Li Atari sharply criticized the ruling, asserting that it does not signify her exoneration or Vilner's innocence but rather the prosecution's conclusion that insufficient evidence exists after the passage of time to pursue a criminal case.

Atari highlighted the evidentiary challenges in cases involving suspected date-rape drugs and noted the effort required to reopen the investigation, which only succeeded in finding witnesses the second time. She claimed some witnesses signed legal affidavits through Vilner's attorney before being interviewed. "Lack of evidence is not proof that no offense occurred. And the hole in my memory is not proof of consent," Atari stated. She added that the loss of memory from that night, which prevented her from remembering, now also prevents her from obtaining justice. Atari believes the passage of time and evidence degradation impacted the possibility of a legal proceeding, concluding that "If this is the system, Israel is not only 'struggling' to prosecute rapists, it is teaching them exactly where the loopholes are to escape."

The Association of Rape Crisis Centers in Israel also condemned the decision, calling it "abandonment" and arguing that the closure illustrates the legal system's difficulty in handling the evidentiary complexities of sex offense cases. The association noted that 81% of sex offense cases in Israel are closed, often due to insufficient evidence, with particular challenges in cases involving suspected date-rape drugs.

Orit Solitziano, CEO of the association, called the closure "unthinkable" and a "terrible slap in the face" to Atari and Shahar, emphasizing that the case was closed for lack of evidence, not lack of guilt.

The affair began in 2022 when Atari filed a police complaint alleging Vilner raped her in 2011 while they were students at the Rimon School of Music. The initial investigation was closed due to lack of evidence but reopened following new findings and testimonies. Shahar subsequently filed a complaint alleging Vilner sexually assaulted her in 2022 after a night out, during which she felt unwell and suspects she may have been drugged.

Vilner was arrested in April upon returning to Israel from Berlin and later released to house arrest. A confrontation between him and Shahar was held during the investigation. In May, a court allowed Vilner's name to be published after lengthy legal proceedings. Atari had previously stated that for 15 years, she felt unable to publicly name Vilner while he continued his life, and she dealt with the consequences and the gag order. The complainants have the right to appeal the prosecutor's decision to the State Prosecutor's Office.